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weight; in that its container was so made, formed, or filled as to be misleading; and in that it was in package form and did not bear an accurate statement of the quantity of contents.

On December 22, 1939, no claimant having appeared, judgment of condemnation and destruction was entered. On January 4, 1940, the order of destruction was revoked and an amended decree was entered directing that the product be distributed to public or charitable institutions.

153. Adulteration of Messina Effervescente Granulare. U. S. v. 23 Cases of Messina Effervescente Granulare. Default decree of condemnation and destruction. (F. D. C. No. 828. Sample No. 51950-D.)

This product contained an added poisonous or deleterious substance, namely, borax.

On October 27, 1939, the United States attorney for the Eastern District of Pennsylvania filed a libel against 23 cases of Messina Effervescente Granulare at Philadelphia, Pa., alleging that the article had been shipped in interstate commerce on or about June 28 and August 21, 1939, by the Drew Corporation from Brooklyn, N. Y.; and charging that it was adulterated.

The article was alleged to be adulterated under the provisions of the law applicable to foods in that it contained an added poisonous or deleterious substance, namely, borax, which is unsafe within the meaning of the law.

It was also alleged to be adulterated and misbranded in violation of the provisions of the law applicable to drugs, reported in D. D. N. J. No. 92. On November 18, 1939, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

CEREAL PRODUCTS

FLOUR AND OTHER MILL PRODUCTS

Nos. 154 to 191, inclusive, of this publication report the seizure and disposition of flour and other mill products which were in interstate commerce at the time of examination and were found to be insect-infested at that time. 154. Adulteration of flour. U. S. v. 196 Bags and 30 Bags of Flour. Consent decree of condemnation. Product ordered released under bond. (F. D. C. Nos. 540, 541. Sample Nos. 63073-D, 63075–D.)

On September 2, 1939, the United States attorney for the Middle District of Alabama filed a libel against 226 bags of flour at Montgomery, Ala., alleging that the article had been shipped in interstate commerce on or about July 18, 1939, by the Wall-Rogalsky Milling Co. from McPherson, Kans.; and charging that it was adulterated in that it consisted wholly or in part of a filthy substance. It was labeled in part: "Special Bakers Patent Utility Flour"; or "Kansas Sun Flour."

On October 9, 1939, Capital Grain & Feed Co., Montgomery, Ala., having appeared as claimant, judgment of condemnation was entered, and it was ordered that the product be released under bond conditioned that it be rendered incapable of human consumption but that it might be manufactured into feedstuff for livestock.

155. Adulteration of flour. U. S. v. 85 Sacks of Flour. Consent decrce of condemnation. Product ordered released under bond. (F. D. C. No. 538. Sample No. 63072-D.)

On or about August 31, 1939, the United States attorney for the Middle District of Alabama filed a libel against 85 sacks of flour at Montgomery, Ala., alleging that the article had been shipped in interstate commerce on or about June 22 and July 10, 1939, by Pillsbury Flour Mills Co. from Memphis, Tenn.; and charging that it was adulterated in that it consisted wholly or in part of a filthy substance. The article was labeled in part: "Pillsbury's Magneto Flour Bleached."

On October 9, 1939, Schloss & Kahn Grocery Co., Montgomery, Ala., claimant, having admitted the material allegations of the libel, judgment of condemnation was entered and the product was ordered released under bond conditioned that it be denatured and disposed of as feed for livestock.

156. Adulteration of flour. U. S. v. 40 Bags of Flour. Default decree of condemnation and destruction. (F. D. C. No. 669. Sample No. 61089-D.) On October 2, 1939, the United States attorney for the Eastern District of Louisiana filed a libel against 40 bags of flour at New Orleans, La., alleging that the article had been shipped in interstate commerce on or about April 21,

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1939, by Pillsbury Flour Mills Co., of Astoria, Oreg., from Portland, Oreg.; and charging that it was adulterated in that it consisted wholly or in part of a filthy vegetable substance. It was labeled in part: "Pillsbury's White Comet Flour."

On November 11, 1939, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

157. Adulteration of flour.

U. S. v. 6 Bags and 12 Bags of Flour. Default decree of condemnation and destruction. (F. D. C. No. 740. Sample No. 47849-D.)

On October 16, 1939, the United States attorney for the Eastern District of Virginia filed a libel against 18 bags of flour at Emporia, Va., alleging that the article had been shipped in interstate commerce on or about May 29 and July 12, 1939, by Pillsbury Flour Mills Co. from Springfield, Ill.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance. It was labeled in part: "Pillsbury's Best XXXX Flour."

On December 27, 1939, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

158. Adulteration of flour. U. S. v. 80 Bags of Flour.

Default decree of con

demnation and destruction. (F. D. C. No. 853. Sample No. 79071-D.) On November 1, 1939, the United States attorney for the Middle District of Georgia filed a libel against 80 bags of flour at Athens, Ga., alleging that the article had been shipped on or about December 7, 1938, and January 17, 1939, by Roanoke City Mills, Inc., from Roanoke, Va.; and charging that it was adulterated in that it consisted wholly or in part of a filthy substance. The article was labeled in part: “Light White Superlative Patent Flour."

On December 5, 1939, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

159. Adulteration of flour. U. S. v. 9 Bags and 27 Bags of Flour. eree of condemnation and destruction. (F. D. C. No. 719. 47845-D, 47846-D.)

Default de-
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On October 17, 1939, the United States attorney for the Eastern District of North Carolina filed a libel against 36 bags of flour at Elizabeth City, N. C., alleging that the article had been shipped in interstate commerce on or about July 22, 1939, by A. H. Randall Mill Co. from Tekonsha, Mich.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance. It was labeled in part: "Tekonsha Mills Best Patent Gold Star."

On December 11, 1939, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

160. Adulteration of flour. U. S. v. 20 Bags of Flour.

demnation and destruction. (F. D. C. No. 671.

Default decree of conSample No. 61094–D.)

On October 3, 1939, the United States attorney for the Eastern District of Louisiana filed a libel against 20 bags of flour at New Orleans, La., alleging that the article had been shipped in interstate commerce on or about August 5, 1939, by International Milling Co. from Davenport, Iowa; and charging that it was adulterated in that it consisted wholly or in part of a filthy vegetable substance. It was labeled in part: "Seal of Minnesota Flour."

On November 11, 1939, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

161. Adulteration of flour. U. S. v. 44 Sacks of Flour.

Default decree of condemnation and destruction. (F. D. C. No. 900. Sample No. 47864-D.)

On November 13, 1939, the United States attorney for the Eastern District of Virginia filed a libel against 44 sacks of flour at Norfolk, Va., alleging that the article had been shipped on or about September 8, 1939, by D. B. Landy Co., Inc., from Baltimore, Md.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance.

On January 18, 1940, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

162. Adulteration of flour. U. S. v. 14 Sacks of Flour.

Default decree of condemnation and destruction. (F. D. C. No. 858. Sample No. 47858-D.) On November 4, 1939, the United States attorney for the Eastern District of Virginia filed a libel against 14 sacks of flour at Norfolk, Va., alleging that the article had been shipped on or about October 16, 1938, by Red Wing Milling Co. from Red Wing, Minn.; and charging that it was adulterated in that it

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