21724. Alleged Misbranding of flour.    V. S. v. Fant Milling: Co.    Tried to
the  court.     Judgment   of not guilty.      (F.  & D. no.  27563.     I.S.  nos. 
35464, 35465.)
This case was based on an interstate shipment of flour that was charged 
to be short weight.
On April 27, 1932, the United States attorney for the Eastern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court an information against the Fant Milling Co., a corporation, Sherman, 
Tex., alleging shipment by said company in violation of the Food and Drugs Act 
as amended, on or about July 7, 1931, from the State of Texas into the State 
of Louisiana, of a quantity of flour that was deemed to be misbranded. A por- 
tion of the article was labeled in part: " Fant's Famous Flour * * * Fant 
Milling Co. Sherman, Texas, * * * Net 24 Lbs." The remainder was la- 
beled in part: "Red Elefant * * * Hard Wheat Flour Fant Milling Co. 
Sherman, Texas,   *   *   *   98 Lbs."
It was alleged in the information that the article was misbranded in that 
the statements, "24 Lbs. Net", and "98 Lbs. Net", borne on the sacks, were 
false and misleading, and for the further reason that the article was labeled 
so as to deceive and mislead the purchaser, since the sacks contained less 
than 24 pounds and 98 pounds net, respectively. 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.
On November 28, 1933, the case came on for trial before the court, and a 
judgment of not guilty was rendered.
M. L. WILSON, Acting Secretary of Agriculture.