10383. Misbranding of cottonseed meal.     V.  S.     *     *     *     v. MeCall  Cotton
& Oil Co., a Corporation.     Plea of ffnilty.     Fine, $300.     (F. & D. No.
15428.     I.  S.  Nos.  10283-t,  10736-t,  10791-t.)
On December 17, 1921, the United States attorney for the District of Arizona, 
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 McCall Cot- 
ton & Oil Co., a corporation, Phoenix, Ariz., alleging shipment by said company, 
in violation of the Food and Drugs Act, on or about January 12, March 10, and 
April 5, 1921, respectively, from the State of Arizona into the States of Colo- 
rado, New Mexico, and California, respectively, of quantities of cottonseed meal 
which was misbranded. The az-ticle was labeled in part: "* * * Brand- 
McCall Co.    McCall Cotton & Oil Co., Phoenix, Arizona    *    *    *."
Analysis of a sample from each of the consignments by the Bureau of Chemis- 
try of this department showed the presence of 38.81 per cent, 38.50 per cent, 
and 38.79 per cent, respectively, of protein.
Misbranding of the article was alleged in the information for the reason that 
the statement, to wit, " Guaranteed Analysis Crude Protein 43.00 per cent," 
in regard to the shipments of January 12 and March 10, 1921, and the state- 
ment, " Guaranteed Analysis Crude Protein 40.00 per cent," in regard to the 
shipment of April 5, 1921, borne on the respective tags attached to the sacks 
containing the article, regarding it and the ingredients and substances con- 
tained therein, were false and misleading in that they represented that the 
article contained not less than 43 per cent or 40 per cent of crude protein, as 
the case might be, and for the further reason that the article was labeled as 
aforesaid so as to deceive and mislead the purchaser into the belief that it con- 
tained not less than 43 per cent or 40 per cent of crude protein, as the case 
jnight be, whereas, in fact and in truth, the article involved in the respective 
consignments did contain less than 43 per cent or 40 per cent of crude protein, 
as the case might be, to wit, approximately 38.79 per cent, 38.81 per cent, and 
58.50 per cent, respectively, of crude protein.
On January 3, 1922, a plea of guilty to the information was entered on be- 
lialf of the defendant company, and the court imposed a fine of $300.
C. W. PUGSLEY, Acting Secretary of Agriculture.