10714.?Misbranding  of   cottonseed   cake.    V.   S.   v.   Commonwealth   Cotton
Oil Co., a Corporation.     Plea of guilty.     Fine, 850 and costs.     (F. &
D. No. 15456.    I. S. No. 11656-t.)
On January 13, 1922, the United States attorney for the Western District?
of Oklahoma, 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 Commonwealth Cotton Oil Co., a corporation, Cushing, Okla., alleging?
shipment by said company, in violation of the Food and Drugs Act, on or?
about December 5, 1920, from the State of Oklahoma into the State of Missouri,?
of a quantity of cottonseed cake which was misbranded. The article was?
labeled in part: " Gold Medal?43 Per cent. 100 lbs. Cottonseed Meal or Cake.?
*    *    *   Commonwealth Cotton Oil Co. Cushing, Oklahoma."
Analysis of a sample of the article by the Bureau of Chemistry of this de??
partment showed that it contained 40.85 per cent of protein.
Misbranding of the article was alleged in the information for the reason?
that the statements, to wit, " Guaranteed Analysis: Crude Protein 43 per cent?
or better" and " Guaranteed Analysis Protein, Not Less Than 43?," borne?
on the tags attached to the sacks containing the article, regarding the article?
and the ingredients and substances contained therein, were false and misleading?
in that the said statements represented that the article contained not less than?
43 per cent of protein, and for the further reason that it was labeled as afore??
said so as to deceive and mislead the purchaser into the belief that it contained?
not less than 43 per cent of protein, whereas, in truth and in fact, the said?
article did contain less than 43 per cent of protein, to wit, approximately 40.85?
per cent.
On April 10, 1922, a plea of guilty to the information was entered on behalf?
of the defendant company, and the court imposed a fine of $50 and costs.
C. W. PTTGSI-EY, Acting Secretary of Agriculture.