19012. Misbranding of flour.    U. S. v. The Abilene Flour Mills Co.    Plea of
guilty.    Fine, $50 and costs.    (F. & D. No. 26644.    I. S. No. 24705.)
Sample sacks of flour from the shipment herein described having been found 
to be short of the declared weight, the Secretary of Agriculture reported the 
matter to the United States attorney for the District of Kansas.
On October 8, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid an information against the 
Abilene Flour Mills Co., a corporation, trading at Abilene, Kans., alleging ship- 
ment by said company, in violation of the food and drugs act as amended, on 
or about March 5,1931, from the State of Kansas into the State of Illinois, of a 
quantity of flour that was misbranded. The article was labeled in part: (Sack) 
"Better Bread Flour, Abilene Flour Mills Co., Abilene, Kans. * * * 
Bleached Net Weight 5 Lbs. when packed-"
It was alleged in the information that the article was misbranded in that 
the statement, "Net Weight 5 Lbs.," borne on the said sacks, was false and 
misleading in that the said statement represented that each sack contained 5 
pounds net weight of flour; and for the further reason that it was labeled as 
aforesaid so as to deceive and mislead the purchaser into the belief that each 
of the said sacks contained 5 pounds net of flour; whereas the sacks did not 
each contain 5 pounds net of the said article, but did contain a less amount. 
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 conspicu- 
ously marked on the outside of the package.
On October 31, 1931, a plea of guilty to the information was entered on 
behalf of the defendant company, and the court imposed a flne of $50 and costs.
ARTHUR M. HYDE, Secretary of Agriculture.