18786. Misbranding of flonr.    V. S. v. 320 Sacks of Flonr.    Decree of con*
deinnatlon and forfeiture.     Product released under bond.     (F. & D.
No. 26794.    I. S. Nos. 35464, 35465.    S. No. 4931.)
Sample sacks of flour taken from the shipment herein described having been 
found to contain less than the weight declared on the labels, the Secretary of 
Agriculture reported the matter to the United States attorney for the Western 
District of Louisiana.
On July 16, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 320 sacks of flour, remaining in the original unbroken packages 
at Opelousas, La., alleging that the article had been shipped by the Fant Mill- 
ing Co., Sherman, Tex., on or about July 6, 1931, and had been transported 
from the State of Texas into the State of Louisiana, and charging misbranding 
in violation of the food and drugs act as amended. A portion of the article 
was labeled in part: (Sack) "Fant's Famous Flour, 24 Pounds Net." The re- 
mainder of the said article was labeled in part: (Sack) "Red Elefant Hard 
Wheat Flour, 98 Pounds Net."
It was alleged in the libel that the article was misbranded in that the state- 
ments, "24 Lbs. Net," and "48 [98] Pounds Net," borne on the labels, were 
false and misleading and deceived and misled the purchaser, since the packages 
were short weight and contained less than a reasonable variation from the 
labeled weights. Misbranding was alleged for the further reason that the 
article was food in package form and the quantity of the contents was not 
plainly and conspicuously marked on the outside of the packages, since the 
statements made thereon were incorrect as to weight.
The Fant Milling Co., Sherman, Tex., filed a claim and answer, admitting 
the allegations of the libel and praying that the product be released to be 
resaeked upon the execution of a good and sufficient bond. On July 17, 1931, 
judgment of condemnation and forfeiture was entered, and it was ordered by 
the court that the claimant be permitted to resack the flour under the super- 
vision of the United States marshal or a representative of this department, 
so as to bring the contents of the sacks up to the weights declared thereon ; 
that upon proof that the terms of the decree had been complied with, the product 
be released, and that claimant pay all costs of the proceedings.
AETHtTB M. HYDE, Secretary of Agriculture.