21857. Adulteration   and misbranding of   feeding   oatmeal.    V.   S.   v.   66
Bass of Feeding Oatmeal. Default decree of forfeiture and de- 
struction.    (F. & D. no. 31556.    Sample no. 19276-A.)
This case involved a shipment of a product which was represented to be oat- 
meal but which was found to consist in part of corn and to contain less pro- 
tein and fat and more fiber than declared on the label.
On November 8, 1933, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 66 bags of feeding 
oatmeal at Taunton, Mass., alleging that the article had been shipped on or 
about July 4, 1933, by J. A. Forest, from Fort William, Ontario, Canada, into 
the State of Massachusetts, and charging adulteration and misbranding in vio- 
lation of the Food and Drugs Act. The article was labeled in part: "Alpine 
Ground Feeding Oatmeal."
It was alleged in the libel that the article was adulterated in that a sub- 
stance, corn, had been substituted in whole or in part for it.
Misbranding was alleged for the reason that the statements, " Oatmeal", 
"Minimum Protein 14.00% Minimum Fat 5.00%, Maximum Fibre 3.90", on 
the bag, and the statements, " Oatmeal", " Protein 14% Fat 5% Fibre not over 
3.90% ", on the tag, were false and misleading and deceived and misled the 
purchaser. Misbranding was alleged for the further reason that the article 
was sold under the distinctive name of another article.
On December 6, 1933, no claimant having appeared for the property, judgment 
of forfeiture was entered, and it was ordered by the court that the product be 
destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.