21306. Misbranding of flour.    U.  S. v. 371 Bags  of Flour.    Decree of con¬
demnation   and  forfeiture.     Product   released  under   bond  to   be 
relabeled  or  repacked.     (F.  & D.  no.  30610.    Sample  no.  46474-A.)
This case involved a shipment of flour, sample sacks of which were found to 
contain less than the declared weight, 24 pounds.
On June 15, 1933, the United States attorney for the Western District of 
Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 371 bags of flour at 
Abbeville, La., alleging that the article had been shipped in interstate commerce 
on or about May 20, 1933, by the G. B. R,. Smith Milling Co., from Sherman, 
Tex., and charging misbranding in violation of the Food and Drugs Act as 
amended. The article was labeled in part: " La-Belle Flour 24 Lbs. Net Weight 
When Packed Bleached La Belle."
It was alleged in the libel that the article was misbranded in that the 
statement, " 24 Pounds Net", borne on the label, was false 'and misleading and 
for the further reason that the article was food in package form and the quan- 
tity of the contents was not plainly and conspicuously marked on the outside 
of the package, since the statement made was incorrect.
On July 24, 1933, the G. B. R. Smith Milling Co. 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 execu- 
tion of a bond in the sum of $500, or the deposit of a certified check for like 
amount, conditioned in part that it be relabeled or repacked to the declared 
weight.
M. L. WILSON, Acting Secretary of Agriculture.