9920. Misbranding of   cottonseed   meal.    V.    S.    *     *     *     v.   Humphreys-
Godwin Co., a Corporation. Plea of nolo contendere. Pine, $25 
and costs.     (F. & D. No. 7651.     I. S. Nos. 19091-1, 19093-1.)
On November 6, 1916, the United States attorney for the Western District of 
Tennessee, 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 
Humphreys-Godwin Co., a corporation, trading at Memphis, Tenn., alleging 
shipment by said, company, in violation of the Food and Drugs Act, on or 
about November 19 and 20, 1915, respectively, from the State of Tennessee into 
the State of Indiana, of quantities of cottonseed meal which was misbranded.
Analysis of a sample of the article from, each of the consignments by the 
Bureau of Chemistry of this department showed that it contained 37.69 per 
cent and 36.69 per cent, respectively, of protein.
Misbranding of the article was alleged in the "information for the reason that 
the following statement regarding the article and, the ingredients and sub- 
stances contained therein, appearing on the labels of the sacks containing the 
said article, to wit, " * * * Humphreys, Godwin Company, of Memphis, 
Tenn., Guarantees this Dixie Brand Cottonseed Meal to contain not less than 
* * * 41.0 per cent of crude protein * * *," was false and misleading in 
that the said statement indicated to purchasers thereof that the said article 
contained not less than 41 per cent of crude protein, and for the further reason 
that it was labeled as aforesaid so as to deceive and mislead purchasers into 
the belief that the said article contained not less than 41 per cent of crude 
protein, when, in truth and in fact, the article involved in the said consign- 
ments did contain less than 41 per cent of crude protein, to wit, 37.69 per cent 
and 36.69 per cent, respectively, of protein.
On October 5, 1921, a plea of nolo contendere to the information was 
entered on behalf of the defendant company, and the court imposed a fine of 
$25 and costs.
C. W. PUGSLEY, Acting Secretary of Agriculture.