17539. Misbranding of   wheat   bran   and   wheat   middlings.    U.   S.   v.   200
Sacks of Wheat Bran, et al. Decree of condemnation entered. 
Products released under bond to be repacked. (F. & D. No. 24240. 
I. S. Nos. 013302, 013303.    S. No. 2472.)
Sacks of wheat bran and wheat middlings from the herein described inter- 
state shipment having been examined and found to contain less than 100 
pounds, the weight declared on the label, the Secretary of Agriculture reported 
the facts to the United States attorney for the District of Minnesota.
On November 13, 1929, the said United States attorney filed in the District 
Court of the United States aforesaid a libel praying seizure and condemna- 
tion of 200 bags of wheat bran and 200 bags of wheat middlings at Duluth, 
Minn., alleging that the articles had been shipped by the Rugby Milling Co., 
Rugby, N. Dak., on October 16, 1929, and had been transported from the State 
of North Dakota into the State of Minnesota, and .charging misbranding in 
violation of the food and drugs act as amended. The articles were labeled 
in part: (Bag) "100 Pounds Net when packed Pure Wheat Bran, the Rugby 
Milling Co., Rugby, N. D.;" and " 100 Pounds Net when packed Rich Standard 
Middlings, The Rugby Milling Co., Rugby, N. D."
It was alleged in the libel that the articles were misbranded in that the 
statement on the label, " 100 Pounds Net," was false and misleading and de- 
ceived and misled the purchaser. Misbranding was alleged for the further 
reason that the articles were food in package form and the quantity of the 
contents was not plainly and conspicuously marked on the outside of the 
package, since the quantity stated on the bags was not correct.
On May 26, 1930, the Rugby Milling Co., Rugby, N. Dak., having appeared 
as claimant for the property, judgment of condemnation was entered, and it 
was ordered by the court that the product be released to the said claimant 
upon the payment of costs and the execution of bond in the sum of $26.24, 
conditioned in part that it should not be sold or otherwise disposed of until 
repacked and brought up to the proper weight under the supervision of this 
department.
ABTHTJB M. HYDE, Secretary of Agriculture.