11905. Adulteration   and  misbranding   of   cottonseed   meal.     V.   S.  v.   300
Sacks of Cottonseed Meal. Consent decree of condemnation and 
forfeiture. Product released under bond. (F. & D. No. 17276. I. S 
No. 3406-v.     S. No. E-4305.)
On or about February 12, 1923, the United States attorney for the Southern 
District of Florida, acting upon a report by the Secretary of Agriculture, filed 
in the District Court of the United States for said district a libel praying the
seizure and condemnation of 300 sacks of cottonseed meal, remaining unsold 
in the original unbroken packages at Tampa, Fla., alleging that the article 
had been shipped by the Buckeye Cotton Oil Co., from Macon, Ga., on or about 
January 17, 1923, and transported from the State of Georgia into the State 
of Florida, and charging adulteration and misbranding in violation of the 
Food and Drugs Act. The article was labeled in part: (Tag) "100 Lbs. Net 
Buckeye Good Cottonseed Meal Manufactured By The Buckeye Cotton Oil Co. 
* * * Macon, Ga. * * * Guarantee Protein 36.00% * * * Am- 
monia   7.00%."
Adulteration of the article was alleged in the libel for the reason that a 
substance low in protein (ammonia) had been mixed and packed therewith 
so as to reduce and lower and injuriously affect its quality and strength, a ad 
had been substituted in whole or in part for the said article.
Misbranding was alleged for the reason that the article was labeled, " Good 
Cottonseed Meal * * * Guarantee Protein 36.00% * * * Ammonia 
7.00%," which statements were false and misleading and deceived and misled the 
purchaser, since the article was deficient in protein (ammonia). Misbranding 
was alleged for the further reason that the article was an imitation of and 
Avas offered for sale under the distinctive name of another article.
On February 26, 1923, the Buckeye Cotton Oil Co., Macon, Ga., claimant, 
having admitted the allegations of the libel and consented to the entry of a 
?decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon 
payment of the costs of the proceedings and the execution of a bond in the sum 
?of $1,000, in conformity with section 10 of the act.
C. F. MARVIN, Acting Secretary of Agriculture.