10723.?Misbranding  of cottonseed meal.    U.  S. v. Elk City Cotton  Oil Co.,
a Corporation.     Plea of guilty.    Fine, $75 and costs.     (F. & D. No.
15596.    I.  S. No. 12783-t.)
On March 15, 1922, the United States attorney for the Western District of?
Oklahoma, acting upon a report by the Secretary of Agriculture, filed in the?
Distr.ct Court of the United States for said district an information against?
the Elk City Cotton Oil Co., a corporation, Elk City, Okla., alleging shipment?
by said company, in violation of the Pood and Drugs Act, on or about March?
24, 1921, from the State of Oklahoma into the State of Texas, of a quantity of?
cottonseed meal which was misbranded. The article was labeled in part: " 100?
lbs. Net Elko Brand Cotton Seed Cake or Meal Elk City Cotton Oil Co. Elk?
City, Okla    *    *    *."
Analysis of a sample of the article by the Bureau of Chemistry of this de??
partment showed that it contained 34.39 per cent of protein and 13.45 per cent?
of crude fiber.
Misbranding of the article was alleged in substance in the information for the?
reason that the statements, to wit, " Cotton Seed Cake or Meal * * * Guar?
anteed Analysis Crude Protein (minimum) 43 Per Cent * * * Crude Fibre?
(maximum) 10 Per cent," borne on the tags attached to the sacks containing?
the article, regarding the article and the ingredients and substances contained?
in the said sacks, were false and misleading in that the statement " cotton?
seed cake " represented that the article was cottonseed cake or meal, to wit, a?
cottonseed product containing not less than 36 per cent of protein, and in that?
it was also represented to contain not less than 43 per cent of crude protein?
and not more than 10 per cent of crude fiber, 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 was cottonseed cake or meal, to wit, a cottonseed product?
containing not less than 36 per cent of protein and that it contained not less?
than 43 per cent of crude protein and not more than 10 per cent of crude fiber,?
whereas, in truth and in fact, the said article was not cottonseed cake or meal,?
in that it contained less than 36 per cent of protein, to wit, approximately 34.39?
per cent of protein, and the said article contained less than 43 per cent of?
crude protein and more than 10 per cent of crude fiber. Misbranding was alleged?
for the further reason that the article was a product composed of a mixture of?
cottonseed hulls and cottonseed meal deficient in crude protein and containing?
excess quantities of crude fiber, and was an imitation of a>nd offered for sale?
under the distinctive name of another article, to wit, cottonseed meal or cake.
On April 3, 1922, a plea of guilty to the information was entered on behalf of?
the defendant company, and the court imposed a fine of $75 and costs.
C. W. PUGSLEY, Acting Secretary of Agriculture.