9829.  Misbranding of cottonseed meal and cake.     XJ. S.     *     *     *     v. Osage 
Cotton Oil Co., a Corporation.     Plea of guilty.     Fine, $20 and costs.
(F. & D. No. 13914.    I. S. No. 18802-r.)
On January 31, 1921, the United States attorney for the Western District of 
Arkansas, 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 
Osage Cotton Oil Co., a corporation, trading at Mulberry, Ark., alleging ship- 
ment by said company, on or about December 6, 1919, in violation of the Food 
and Drugs Act, as amended, from' the State of Arkansas into the State of Kan- 
sas, of a quantity of cottonseed meal and cake which were misbranded.
Examination by the Bureau of Chemistry of this department of f>7 sacks 
from the consignment showed an average gross weight of 97.11 pounds and an 
average net weight of 96.49 pounds.
Misbranding of the articles was alleged in the information for the reason 
that the statement, to wit, " 100 Pounds Gross 99 Lbs. Net," borne on the tags 
attached to the sacks containing the articles, regarding the articles,, was false and 
misleading in that it represented that each of the said sacks weighed. 100 pounds 
gross and contained 99 pounds net of the respective articles, and for the further 
reason that the articles were labeled as aforesaid so as to deceive and mislead the 
purchaser into the belief that each of the said sacks weighed 100 pounds gross and 
contained 99 pounds net of the respective articles, whereas, in truth and in fact, 
each of the sacks did not weigh 100 pounds gross but did weigh a less amount, 
and each of the said sacks did not contain 99 pounds net of the respective articles, 
but did contain a less amount. Misbranding was alleged for the further reason 
that the articles were food in package form, and the quantity of the contents was 
not plainly and conspicuously marked on the outside of the package.
On June 17, 1921, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $20 and costs.
C. W. PUGSLEY, Acting Secretary of Agriculture.