21012. Adulteration and Misbranding of flour.    U. S. v. 420 Sacks of Flour.
Consent decree of condemnation and forfeiture.    Product released 
under bond to be relabeled.     (F. & D. no. 29930.    Sample no. 31387-A.)
This case involved an interstate shipment of flour found to consist of bleached 
flour containing benzoyl peroxide or its residue, benzoic acid.
On March 13, 1933, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 420 sacks of flour at Newark, N. J., 
alleging that the article had been shipped in interstate commerce, on or about 
February 4, 1933, by the Beatrice Mills, Whitewright, Tex., and charging adul- 
teration and misbranding in violation of the Food and Drugs Act. The article 
was labeled in part: " First Premium Flour Beatrice Mills Whitewright, Texas."
It was alleged in the libel that the article was adulterated in that bleached 
flour containing benzoyl peroxide or its residue, benzoic acid, had been substi- 
tuted in whole or in part for the article.
Misbranding was alleged for the reason that the statement " Flour ", appear- 
ing on the label, was false and misleading and deceived and misled the pur- 
chaser, when applied to a flour bleached with and containing benzoyl peroxide 
or its residue, benzoic acid.
On March 20, 1933, the Beatrice Mills, Whitewright, Tex., claimant having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the claimant upon payment 
of costs and the execution of a bond in the sum of $1,000, conditioned that it 
be relabeled, " Bleached with Benzoyl Peroxide."
M. L. WILSON, Acting Secretary of Agriculture.