19405. Misbranding and alleged Adulteration of malt sprouts.    U. S. v. 847
Sacks of Feeding Stuff, Blalt Sprouts No. 2. Product adjudged 
misbranded.    Released under bond to be relabeled.     (F. & D. No.
27367.    I. S. No. 19602.    S. No. 5543.)
Samples of a product, invoiced as " Malt Sprouts No. 2," from the shipment 
herein described were found to contain barley hulls and other foreign ma- 
terial. The sacks containing the article failed to bear a statement of the 
quantity of the contents.
On December 14, 1931, the United States attorney for the Middle District 
of Tennessee, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for the district aforesaid a libel pray- 
ing seizure and condemnation of 847 sacks of a feeding stuff, invoiced " Malt 
Sprouts No. 2," remaining in the original unbroken packages at Nashville, 
Tenn., alleging that the article had been shipped on or about September 5, 
1931, by Anheuser-Busch (Inc.), from St. Louis, Mo., and had been transported 
in interstate commerce from the State of Missouri into the State of Tennessee, 
and charging adulteration and misbranding in violation of the food and drugs 
act as amended.
It was alleged in the libel that the article was adulterated in that barley 
hulls and other foreign materials had been mixed and packed with and sub- 
stituted wholly or in part for the said article.
5 Misbranding was alleged for the reason that the product was sold under the 
distinctive name of another article, and for the further reason that it was 
food in package form and did not bear a plain and conspicuous statement of 
the quantity of contents.
On January 14, 1932, R. L. Wiles & Co., Nashville, Tenn., having appeared 
as claimant for the property, a decree was entered finding the product mis- 
branded, and ordering that it be released to the said claimant upon the 
execution of a bond in the sum of $600, conditioned that claimant pay costs, 
that the product be labeled "Barley Hulls, malt sprouts and screenings," and 
with a plain and conspicuous statement of the quantity of the contents, and 
that it should not be sold or otherwise disposed of contrary to the laws of the 
United States.
AETHTJR M. HYDE, Secretary of Agriculture.