20624. Adulteration and Misbranding of gray wheat aborts.    IT.  S. v. 200
Sacks of Gray Wheat Shorts. Consent decree of condemnation. 
Product released under bond to be relabeled. (F. & D. no. 29321. 
Sample no. 16971-A.)
This action involved a product, sold as gray wheat shorts, that was found to 
contain excessive bran tissue, added sand, and screenings, and more fiber than 
was declared on the label.
On November 19, 1932, the United States attorney for the Eastern District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 200 sacks of gray wheat shorts, remaining in the 
original unbroken packages at Mexico, Mo., alleging that the article had been 
shipped in interstate commerce by the Crete Mills, on or about October 29, 1932, 
from Crete, Nebr., to Mexico, Mo., and charging adulteration and misbrand- 
ing in violation of the Food and Drugs Act. The article was labeled in part: 
" Gray Wheat Shorts. Manufactured by the Crete Mills, Crete, Nebr., Guaran- 
teed Analysis   *    *    *   Fibre not more than six percent."
It was alleged in the libel that the article was adulterated in that a product 
containing excessive bran tissue, added sand, screenings, and excessive fiber 
had been substituted for gray shorts.
Misbranding was alleged for the reason that the statements on the label, 
" Gray Wheat Shorts * * * Guaranteed Analysis * * * Fibre not more 
than 6.00% ", were false and misleading and deceived and misled the purchaser. 
Misbranding was alleged for the further reason that the article was offered for 
sale under the distinctive name of another article.
On January 24,1933, the Crete Mills, Crete, Nebr., claimant, having consented 
to the entry of a decree and having executed a bond in the sum of $300 to insure 
compliance therewith, judgment of condemnation was entered and it was 
ordered by the court that the bond be approved and that the product be released 
to the claimant to be relabeled under the supervision of this Department, and 
that claimant pay costs of the proceedings.
R. G. TUGWELL, Acting Secretary of Agriculture.