8S73. Misbranding- of cottonseed cake.    V. S.     *     *     *     v. Russell-Coleman.?
Oil Mill, a Corporation.     Plea of nolo contendere.     Fine, $25.     (F. &
D. No. 11129.    I. S. No. 10853-r.)
On November 16, 3919, the United States attorney for the Western District of?
Texas, acting upon a report by the Secretary of Agriculture, filed in the District?
Court of the United States for said district an information against the Russell-?
Coleman Oil Mill, a corporation, San Antonio, Tex., alleging shipment by said?
company, in violation of the Food and Drugs Act, on or about October 5, 1918,?
from the State of Texas into the State of Kansas, of a quantity of cottonseed?
cuke which was misbranded. The article was labeled in part, " Ordinary?
Cotton Seed Cake Manufactured by Russell-Coleman Oil Mill, San Antonio,?
Texas."
Analysis of a sample of the article by the Bureau of Chemistry of this depart??
ment showed that it contained 41.31 per cent of protein.
Misbranding of the article was alleged in the information for the reason?
that the statement concerning the article and the constituents thereof, appearing?
on the label, to wit, " Protein not less than 43.00 per cent," was false and?
misleading in that it represented to purchasers thereof that the article con??
tained not less than 43 per cent of protein, and for the further reason that it?
was labeled as aforesaid so as to deceive and mislead purchasers into the?
belief that it contained not less than 43 per cent of protein, whereas, in fact?
and in truth, it contained less than 43 per cent of protein.
On February 4, 1920, a plea of nolo contendere was entered on behalf of the?
defendant company, and the court imposed a fine of .$25 and costs.
E. D. BALL, Acting Secretary of Agriculture.