9715. Misbranding of tankage.     V. S.     *     *      *     v. Edward J. Butler,. John
Jonas,   and   Charles   Hosted   (Edward   J.   Butler   &   Co.).     Pleas    of 
guilty.     Fine, $100 and costs.     (F. & D. No. 13076.     I. S. No. 12476-r.)
On February 7, 1921, the United States attorney for the Northern District of 
Illinois, 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 Edward 
J. Butler, John Jonas, and Charles Rosted, copartners, trading as Edward J. 
Butler & Co., Chicago, Ill., alleging shipment by said defendants, in violation 
of the Food and Drugs Act, on or about July 30, 1919, from the State of Illinois 
into the State of Ohio, of a quantity of Butler's Premium digester tankage which 
was misbranded.
Analysis of a sample of the article by the Bureau of Chemistry of this depart- 
ment showed that it contained 53.33 per cent of protein.
Misbranding of the article was alleged in the information for the reason 
that the statement, to wit, " Guaranteed Analyst:s Protein 60%," borne on the 
sacks containing the article, regarding the article and the ingredients and sub- 
stances contained therein, was false and misleading in that it represented 
that the said article contained not less than 60 per cent of protein, and for the 
further reason that the said article was labeled as aforesaid so as to deceive 
and mislead the purchaser into the belief that if contained not less than 60 per 
cent of protein, whereas, in truth and in fact, it did contain less than 60 per 
cent of protein, to wit, approximately 53.33 per cent.
On May 5, 1921, pleas of guilty to the information were entered by the 
defendants, and on July 1, 1921, the court imposed a fine of $100 and costs.
C. W. PUGSLEY, Acting Secretary of Agriculture.