12408. Misbranding of tankage.     U. S. v. Pan American, Peed' Milling Co.,. 
a Corporation.    Plea of guilty.    Fine, S75.     (F. & D. No. 17941.    I. S. 
Nos. 3924-v, 5176-v, 10444-v.)
On January 17, 1924, the United States attorney for the Northern District! 
of Ohio, acting upon a report by the Secretary of Agriculture, filed in the- 
District Court of the United States for said district an information against Phe- 
lan American Feed Milling Co., a corporation, trading at West Toledo, Ohio,, 
alleging shipment by said company, in violation of the food and drugs act, in 
various consignments, namely, on or about January 3 and December 30, 1922,. 
respectively, from the State of Ohio into the State of Missouri; and on or 
about September 13, 1922, from the State of Ohio into the State of Iowa, of" 
quantities of tankage which was misbranded.   The September and. December - 
shipments were labeled in part: "Garbage Tankage PAF   *    *    *    Guaran- 
teed Analysis: Protein   Not Less Than 18%    *    *    *   Fibre   Not More Than 
7%    Bone Phosphate   About 14%    *    *    *   Pan American Feed Milling Co, 
*    *    *   West Toledo, Ohio."    The January shipment was labeled in part:: 
" PAF Garbage Tankage Guaranteed Analysis   *   *   *   Protein 21.0%   *   *   * 
Fibre 4.1%   Bone Phosphates 13.0%    *    *    *   Pan-American Feed Milling Co- 
West Toledo, Ohio."
Analysis by the Bureau of Chemistry of this department of a sample of the- 
article from each of the three consignments showed that the said samples con- 
tained approximately 17.33 per cent, 15.53 per cent, and 16.99 per cent, re- 
spectively, of protein; 8.68 per cent, 10.34 per cent, and 9.71 per cent, respec- 
tively, of crude fiber; and 5.50 per cent, 5.37 per cent, and 5.02 per cent, re- 
spectively, of calcium phosphate.
Misbranding of the article was alleged in substance in the information fur- 
ther reason that the statements, to wit, " Guaranteed Analysis: Protein, Not 
Less Than 18%    *    *    *    Fibre   Not   More   Than- 7%;   Bone   Phosphate- 
About 14%," borne on the sacks containing a portion of the article, and the- 
statements,  to  wit,   " Guaranteed  Analysis   *    *    *   protein   21.0%    Fibre 
4.1%    Bone Phosphates   13.0%," borne on the tags attached to the sacks con- 
taining the remainder thereof, regarding the article and* the • ingredients and" 
substances contained therein, were false and misleading in, that the said state- 
ments represented that the article contained not less than the amounts of pro- 
tein and bone phosphate, and not more than the amounts of fiber declared on.! 
the respective labels, 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 con- 
tained not less than the amounts of protein and bone phosphate and not more 
than the amounts of fiber declared on the respective- labels, whereas, in truth 
and in fact, the said article contained less protein and bone phosphate and" 
more fiber than so declared.
On March 11, 1924, a plea of guilty to the information was entered on behalf" 
of the defendant company, and the court imposed a fine of $75.
HOWARD M. GORE:, Secretary of¦ Agriculture.