G979.  Misbranding   of   cracked   cottonseed   feed.     U.   S.    *    *    *    v.   Atiiens?
Cotton   Oil   Co.,   a   corporation.     Plea   of   nolo   contendere.     Fine,
$100.     (F. & D. No. 9495.    I. S. Nos. lG383-p, 16384-p.)
On January 27, 1919, 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 of the United States for said district an information against the?
Athens Cotton Oil Co., a corporation, Athens, Tex., alleging shipment by said
N J. 6951-7000.]      SERVICE  AND  REGULATORY ANNOUNCEMENTS.        449
company, in violation of the Food and Drugs Act, as amended, on or about?
January 26, 1918 (2 shipments), from the State of Texas into the State of?
Nevada, of quantities of an article, labeled in part " Cracked Cottonseed Feed?
Number Four," which was misbranded.
Examination of a sample of the article by the Bureau of Chemistry of this?
department showed the following results:
One	Othor
shipment,  shipment.
Average gross weight of 60 sacks (pounds)?95.25       89.85
Average net weight per sack (pounds)?
94.50       89.10
Misbranding of the article in each shipment was alleged in the information?
for the reason that the statement on the label, to wit, "100 Pounds (net),"?
borne on the sack containing the article, regarding it, was false and misleading?
in that it represented that said sack contained 100 pounds net of the article,?
and for the further reason that it was labeled as aforesaid so as to deceive and?
mislead the purchaser into the belief that said sack contained 100 pounds pet?
of the article, whereas, in truth and in fact, it did not contain 100 pounds net?
of the article, but contained a less amount. Misbranding of the article was?
alleged for the further reason that it was food in package form, and the quan??
tity of the contents was not plainly and conspicuously marked on the outside of?
the package.
On June 2, 1919, the defendant company entered a plea of nolo contendere to?
the information, and the court imposed a fine of $100.
E. D. BALL, Acting Secretary of Agriculture,