21269. Misbranding of corn meal.    U. S. v. 591 Sacks, et al., of Corn Meal.
Decree   of   condemnation.      Product   released   under   bond   to   be
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This case involved several shipments of corn meal, sample sacks of which
were found to contain less than the labeled weight, 10 pounds.
On June 10, 1983, the United States attorney for the Western District of
Louisiana, acting upon reports by the Secretary of Agriculture, filed in the
district court a libel praying seizure and condemnation of 841 sacks of corn 
meal at Lake Arthur, La., and 1,504 sacks of corn meal at Jennings, La., 
alleging that the article had been shipped in interstate commerce between 
May 16 and June 2, 1933, by the Josey-Miller Co., from Beaumont, Tex., and 
charging misbranding in violation of the Food and Drugs Act as amended. 
The article was labeled in part: (Sacks) " Jo Mil Pearl Meal Manufactured 
by Josey Miller Company, Beaumont, Texas, 10 pounds net Pearl Meal."
It was alleged in the libel that the article was misbranded in that the state- 
ment, " 10 Pounds Net", borne on the label, was false and misleading and 
deceived and misled the purchaser, since the packages contained less than the 
labeled weight. 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 conspicuously marked on the outside of the package, since the 
statement made was incorrect.
On June 12, 1933, the Josey-Miller Co., Beaumont, Tex., having appeared as 
claimant for the property and having admitted the allegations of the libel, 
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 $500, conditioned that it be 
repacked or relabeled in order to bring the contents of the sacks in accord 
with the weight stamped thereon.
M. L. WILSON, Acting Secretary of Agriculture.