16201. Misbranding of  flonr.     TJ.   S.  v.  The   Continental   Milling  Co.     Flea>
of g-nilty. Fine, $10 and costs. (F. & D. No. 22541. I. S. Nos. 
13326-x,16482-x.)
On April 13, 1928, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district an information against the Continental 
Milling Co., a corporation, Bllicott City, Md., alleging shipment by said com- 
pany, in violation of the food and drugs act as amended, on or about June 21, 
1927, from the State of Maryland into the State of Massachusetts of a Quantity 
of flour, and on or about June 24, 1927, from the State of Maryland into the 
State of Pennsylvania of a quantity of middlings, which said articles were mis- 
branded. The middlings were labeled in part: (Sack) "100 Lbs. Continental 
Choice Middlings * * * The Continental Milling Co., Ellicott City, Md." 
The flour was labeled in part: (Sack) "5 Lbs. Net."
It was alleged in the information that the articles were misbranded in that 
the statements, to wit, " 5 Lbs. Net," with respect to the flour, and " 100 lbs.," 
with respect to the middlings, borne on the labels of the respective articles, 
were false and misleading in that the said statements represented that the 
sacks contained 5 pounds of flour, or 100 pounds of middlings, as the case might 
be, and for the further reason that the articles were labeled as aforesaid so as 
to deceive and mislead the purchaser into the belief that the said sacks con- 
tained 5 pounds of flour, or 100 pounds of middlings, as the case might be, 
whereas the said sacks contained less than so represented. Misbranding was 
alleged for the further reason that the articles were foods in package form 
and the quantity of the contents was not plainly and conspicuously marked on 
the outside of the package.
On February 11, 1929, a plea of guilty to the information was entered on. 
behalf of the defendant company, and the court imposed a fine of $10 and costs.
R. W. DUNLAP, Acting Secretary of Agriculture.