5916. Adulteration and misbranding of cottonseed meal. U. S. * * * v. 
F. W. Erode & Co., a corporation. Plea- of guilty. Fine, $200. 
(F. & D. No. 7854.    I. S. Nos. 19902-1, 19907-1, 9611-1.)
On April 25, 1917, the United States attorney for the "Western District of 
Tennessee, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
F. W. Brode & Co., a corporation, Memphis, Tenn., alleging shipment by said 
company, in violation of the Food and Drugs Act, on or about April 29, 1916, 
and March 4, 1916, from the State of Tennessee into the State of Kentucky, of 
quantities of an article labeled in part, " Dove Brand Cotton Seed Meal," or 
" Owl Brand Cottonseed Meal," which was misbranded, and on or about Decem- 
ber 9, 1915, from the State of Tennessee into the State of Maine, of a quantity 
of cottonseed meal which was adulterated and misbranded.
Analyses of samples of the article by the Bureau of Chemistry of this depart- 
ment show the following results:
Shipment of April 29, 1916.
Ether extract (crude fat)   (per cent) 
5. 7
Crude fiber  (per cent) 
15.5
Crude protein (per cent) 
34.4
Total nitrogen  (percent) 
5,51
Total ammonia (percent) 
6.70
This product contains less protein, less fat, and more fiber than it 
is labeled to contain.
Shipment of March lh 1916.
a
Ammonia (percent) 
7.55
Protein  (per cent) 
38.9
Nitrogen (percent) 
6.22
Fiber (percent) 
12.8
Contains less  ammonia,  nitrogen  and protein,  and more fiber 
than declared.
Shipment of December 9, 1915.
Protein (No.25)   (percent) 
36.1
Nitrogen (percent) 
5.78
Ammonia (percent) 
7.02
Low in protein.
Misbranding of the article in the shipment on April 29, 1916, was alleged in 
the information for the reason that the statement appearing on the label con- 
cerning the article and the ingredients and substances contained therein, to 
wit, " Guaranteed Analysis Protein 38.62 per cent, Fat 6.00 per cent, Fiber 12.00 
per cent," was false and misleading in that it represented that the article con- 
tained not less than 38.62 per cent of protein, not less than 6.00 per cent of fat, 
and not more than 12.00 per cent of fiber, and for the further reason that it was 
labeled as aforesaid so as to deceive and mislead the purchaser into the belief 
that it contained not less than 38.62 per cent of protein, not less than 6.00 per 
cent of fat, and not more than 12.00 per cent of fiber, whereas, in truth and 
in fact, it contained less than the amounts indicated of protein and fat and more 
than the amount indicated of fiber, to wit, approximately 34.4 per cent of pro- 
tein, approximately 5.7 per cent of fat, and approximately 15.5 per cent of fiber.
Misbranding of the article in the shipment on March 4, 1916, was alleged for 
the reason that the statement appearing on the label concerning the article and 
the ingredients and substances contained therein, to wit, " Guaranteed Analy- 
sis * * * High Grade Cotton Seed Meal * * * Ammonia 8% Protein 
41% * * * Nitrogen 6|% * * * Fibre, Maximum 10%. These are 
minimum guarantees frequently runs higher," was false and misleading in that 
it represented that the article was high-grade cottonseed meal which contained 
not less than 8 per cent of ammonia, not less than 41 per cent of protein, not 
less than 6i per cent of nitrogen, and not more than 10 per cent of fiber, and 
for the further reason that it was labeled as aforesaid so as to deceive and 
mislead the purchaser into the belief that it was high-grade cottonseed meal 
which contained not less than 8 per cent of ammonia, not less than 41 per cent 
of protein, not less than 6i per cent of nitrogen, and not more than 10 per cent 
of crude fiber, whereas, in truth and in fact, it was not, but was a product 
inferior to high-grade cottonseed meal and contained less than the indicated 
amount of ammonia, protein, and nitrogen, and more than the indicated amount 
of fiber, to wit, approximately 7.55 per cent of ammonia, approximately 38.9 
per cent of protein, approximately 6.22 per cent of nitrogen, and approximately 
12.8 per cent of fiber.
Adulteration of the article in the shipment on December 9, 1915, was alleged 
for the reason that a certain substance, to wit, a 36 per cent cottonseed meal, 
that is to say, a cottonseed meal containing approximately 36 per cent of pro- 
tein, had been substituted for 38.63 per cent cottonseed meal, that is to say, a 
cottonseed meal containing 38.63 per cent of protein, which the article pur- 
ported to be.
Misbranding of the article was alleged for the reason that it was an imitation 
of another article, to wit, 38.63 per cent cottonseed meal, that is to say, a cotton- 
seed meal containing 38.63 per cent of protein, and was offered for sale under 
the distinctive name of another article, when, in fact and in truth, it was not 
38.63 per cent cottonseed meal, but was a 36 per cent cottonseed meal, that is to 
say, a cottonseed meal containing approximately 36 per cent of protein.
On January 23, 1918, the defendant company entered a pl,a of guilty to the 
information, and the court imposed a fine of $200.
C. F. MARVIN, Acting Secretary of Agriculture.
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