9684. Misbranding of  cracked  cottonseed   feed.     U.   S.     *     *     *     v.  Dallas
Peanut Feed Manufacturers, a Corporation. Plea of guilty. Fine, 
$50.     (F. & D. No.   10592.    I. S. No.  10829-r.)
On August 20, 1920, the United States attorney for the Northern 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 Dallas 
Peanut Feed Manufacturers, a corporation, Dallas, Tex., alleging shipment by 
said company, on or about September 26, 1918, in violation of the Food and 
Drugs Act, from the State of Texas into the State of Kansas, of a quantity of 
an article labeled in part, " Cracked Cottonseed Feed No. Four," which was 
misbranded.
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed that it contained 39.75 per cent of protein and that the average 
net weight of 35 sacks was 94.62 pounds.
Misbranding of the article was alleged in substance in the information for the 
reason that the statements, " Protein [Protein] not less than 41.20% " and " 100 
Pounds, Net," borne on the tags attached to the sacks containing the article, 
regarding the article and the ingredients and substances contained therein, 
were false and misleading in that they represented that the article contained 
not less than 41.20 per cent of protein and that each sack contained 100 pounds 
of the article, and for the further reason that the article was so labeled as to 
deceive and mislead the purchaser into the belief that the article contained not 
less than 41.20 per cent of protein and that each sack contained 100 pounds of 
the article, whereas, in truth and in fact, the article contained less than 41.20 
per cent of protein and each sack contained less than 100 pounds of the article. 
Misbranding of the article was alleged for the further reason that it was food 
in package form, and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the package.
On June 2, 1921, a plea of guilty to the information was entered on behalf of 
the defendant corporation, and the court imposed a fine of $50.
C. W. PUGSLEY, Acting Secretary of Agriculture.