17360. Misbranding of flour.     U. S. v. 370 Sacks, et al., of flonr.     Decree of
condemnation    and    foi'feitnre.     Product    released    under    bond.
(F. & D. No. 24702.    I. S. Nos. 029996, 029997.    S. No. 3036.)
On April 2, 1930, the United States attorney for the Western District of 
Louisiana, 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 three hundred and seventy 24-pound sacks and two hundred 
and ninety-five 48-pound sacks of flour, remaining in the original unbroken 
packages at Lake Arthur, La., alleging that the article had been shipped by the 
Wichita Mill & Elevator Co., Wichita Falls, Tex., on or about March 13, 1930, 
and transported from the State of Texas into the State of Louisiana, and 
charging misbranding in violation of the food and drugs act as amended. The 
article was labeled in part: " Wichita Mill and Elevator Co. Baker's Pride 
*    *    *   Wichita Falls, Texas.    Bleached 24 Pounds  [or "48 pounds"]."
It was alleged in the libel that the article was misbranded in that the state- 
ments " 24 pounds" and " 48 pounds," borne on the labels of the respective 
sized sacks, were false and misleading and deceived and misled the purchaser, 
since the said sacks contained less than the weight indicated thereon. Mis- 
branding was alleged for the further reason that the article was food in pack- 
age form and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the packages since the statements as to weight were 
incorrect.
On April 21, 1930, the Wichita Mill & Elevator Co., Wichita Falls, Tex., 
having appeared as claimant for the property and having admitted the allega- 
tions of the libel, 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 costg and the execution of a bond in the sum of $1,000, con- 
ditioned in part that it be repacked under the supervision of this department.
ARTHUR M. HYDE, Secretary of Agriculture.