9926. Adulteration   and misbranding of   cottonseed   meal.     U.   S.     *     *     *
v. 75 Sacks of Cottonseed Meal * * *. Order of the court au- 
thorizing release of product under bond. (F. & D. No. 14856. I. S. 
No.  10790-t.     S. No.  W-920.)
On May 9, 1921, the United States attorney for the District of New Mexico, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district a libel for the seizure and condemnation 
of 75 sacks of cottonseed meal, remaining unsold in the original packages at 
Raton, N. M., alleging that the article had been shipped by the Mall Cotton 
& Oil Co., Phoenix, Ariz., November 15, 1920, and transported from the State of 
Arizona into the State of New Mexico, and charging adulteration and mis- 
branding in violation of the Food and Drugs Act.
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed that it contained 38.61 per cent of protein.
It was alleged in the libel that a product containing less than 43 per cent 
of protein had been substituted for 43 per cent protein meal, which the said 
article purported to be.
Misbranding of the article was alleged in substance in the libel for the reason 
that the tags attached to the sacks containing the said article bore the statement 
regarding the composition thereof, to wit, "*    *    *    Protein 43%    *    *    *,"
which statement was false and misleading and was intended and calculated 
to deceive and did deceive the purchaser.
On July 1, 1921, the Mall Cotton & Oil Co., Phoenix, Ariz., having filed a 
claim and answer admitting that the product was misbranded but alleging 
that such misbranding was due to error, an order of the court was entered 
directing that the product be released to said claimant upon payment of the 
costs of the proceedings and the execution of a bond in the sum of $500, in 
conformity with section 10 of the act, conditioned in part that the said sacks 
have attached thereto tags showing the true nature of the contents thereof.
C. W. PUGSLEY, Acting Secretary of Agriculture.