15766.?Adulteration and misbranding of linseed meal.    V.  S. v. 100 Sacks
of Linseed Meal. Consent decree of condemnation and forfeiture.?
Product released nnder bond. (F. & D. No. 22619. I. S. No. 21042-x.?
S. No. 643.)
On March 9, 1928, the United States attorney for the District of Maine,?
acting upon a report by the Secretary of Agriculture, filed in the District Court?
of the United States for said district a libel praying seizure and condemnation?
of 100 sacks of linseed meal, remaining in the original unbroken packages at?
Portland, Me., consigned about January 14, 1928, alleging that the article?
had been shipped by the Mann Brothers Co., Buffalo, N. T., and transported?
in interstate commerce from the State of New York into the State of Maine,?
and charging adulteration and misbranding in violation of the food and drugs?
act.
It was alleged in the libel that the article was adulterated in that a substance?
deficient in protein had been substituted wholly or in part for the said article?
and had been mixed and packed therewith so- as to reduce, lower, or injuriously?
affect its quality or strength.
Misbranding was alleged for the reason that the statement, " Guaranteed?
Analysis Minimum Protein 33?," borne on the package or label, was false and?
misleading and deceived and misled the purchaser. Misbranding was alleged?
for the further reason that the article was offered for sale under the distinctive?
name of another article.
On April 18, 1928, the New England Grain Co., Portland, Me., claimant,?
having admitted the allegations of the libel and having consented to the entry?
of a decree, judgment of condemnation and forfeiture was entered, and it was?
ordered by the court that the product be released to the said claimant upon?
payment of the costs of the proceedings and the execution of a bond in the?
sum of $500, conditioned in part that it be relabeled under the supervision of?
this department.
R. W. DTJNLAP, Acting Secretary of Agriculture.