12334. Misbranding   of   cottonseed   meal.     V.   S.   v.   Peoples   Oil   and   Fer 
tilizer  Co.,  a  Corporation.     Plea  of  nolo   contendere.    Fine,  $35.
(F. & D. No. 17707.    I. S. No. 3394-v.)
On October 17, 1923, the United States attorney for the Western District 
of South Carolina, 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 Peoples Oil and Fertilizer Co., a corporation, Anderson, S. C, 
alleging shipment by said company, in violation of the food and drugs act, on 
or about January 10, 1923, from the State of South Carolina into the State 
of North Carolina, of a quantity of cottonseed meal which was raisbranded. 
The article was labeled in part: (Tag) "Good Quality Cotton Seed Meal 
Manufactured By Peoples Oil and Fertilizer Company Anderson, S. C. Guar- 
anteed Analysis^ Protein 36%    *    *    *    Fiber 14%."
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed that it contained 34.75 per cent of protein and 14.62 per cent 
of crude fiber.
Misbranding of the article was alleged in the libel for the reason that 
the statement, to wit, " Guaranteed Analysis Protein 36% Fiber 14%," 
borne on the tags attached to the sacks containing the article, regarding the 
said article and the ingredients and substances contained therein, was false 
and misleading in that it represented that the said article contained not less 
than 36 per cent of protein and not more than 14 per cent of fiber, and for 
the further reason that it was labeled as aforesaid so as to deceive and mis- 
lead the purchaser into the belief that it contained not less than 36 per cent 
of protein and not more than 14 per cent of fiber, whereas, in truth and in 
fact, it did contain less than 36 per cent of protein and more than 14 per cent 
of fiber.
On November 28, 1923, a plea of nolo contendere to the information was 
entered on behalf of the defendant company, and the court imposed a fine 
of $35.
HOWARD M. GOEE, Acting Secretary of Agriculture.