20723. Adulteration and Misbranding of flour.    U. S. v. 350 Sacks, et al.,
of Flour. Consent decree of condemnation and forfeiture. Prod- 
uct released under bond to be relabeled. (F. & D. nos. 29621, 29673, 
29680. 29782. Sample nos. 21181-A, 21188-A, 21189-A, 21194-A, 21195-A, 
21551-A.)
These cases involved interstate shipments of flour that was artificially 
bleached and which contained benzoyl peroxide or its residue, benzoic acid.
On December 13 and December 27, 1932, the United States attorney for the 
Southern District of New York, acting upon reports by the Secretary of Agricul- 
ture, filed in the District Court of the United States libels praying seizure and 
condemnation of 770 sacks of flour at New York, N. Y. On December 23, 
1932 and January 27, 1933, the United States attorney for the District of New 
Jersey filed libels against 994 sacks of flour at Jersey City, N. J. The libels 
charged that the article had been shipped in interstate commerce in various 
shipments between the dates of October 14, 1932 and November 20, 1932, by 
the Atkinson Milling Co., from Minneapolis, Minn.; that it had been trans- 
ported from the State of Minnesota into the States of New York and New 
Jersey, and that it was adulterated and misbranded in violation of the Food 
And Drugs Act. The article was labeled, variously: " Atkinson's * * * 
Spartan Bakers"; "Atkinson's Strongheart"; "Atkinson's High Gluten Made 
from Choice Spring Wheat."
It was alleged in the libels that the article was adulterated in that arti- 
ficially bleached flour containing benzoyl peroxide or its residue, benzoic acid, 
had been substituted for the article.
Misbranding was alleged with respect to portions of the article for the reason 
that the statements on the labels, "Atkinson's 140 Lbs. Spartan Bakers Patent 
Flour Made in Minneapolis, U. S. A.", 'Atkinson's 140 Lbs. Strongheart Flour 
Made in Minneapolis, U. S. A.", and " Made from Choice Spring Wheat", were 
false and misleading and deceived and misled the purchaser. Misbranding 
was alleged with respect to portions for the reason that it was offered for 
?sale under the distinctive name of another article.
. Jacques A. Davis appeared in all the cases as agent for the Atkinson Milling 
ŚCo., admitted the allegations of the libels, and consented to the entry of 
decrees. On January 16, 19, and 21, and February 17, 1933, judgments of 
condemnation and forfeiture were entered, and it was ordered by the court 
that the product be released to the claimant, upon payment of costs and the 
-execution of bonds totaling $5,000, conditioned that it be relabeled by stenciling 
on the sacks, " Bleached with Benzoyl Peroxide."
R. G. TTXGWELL, Acting Secretary of Agriculture.