12428. Misbranding of   cottonseed   meal.    U.   S.   v.   Dallas   Oil   &   Refining
Co., a Corporation. Plea of guilty. Fine, $200. (F. & D. No. 18090. 
I. S. Nos. 11384-v, 11389-v.) 
f
On March 17, 1924, the United States attorney for the Northern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district an information against the 
Dallas Oil & Refining Co., a corporation, Dallas, Texas, alleging shipment by 
said company, in violation of the food and drugs act, in two consignments, 
namely, on or about November 9, 1922, and February 21, 1923, respectively, 
from the State of Texas into the State of New Mexico, of quantities of cotton- 
seed meal which was misbranded. A portion of the article was labeled in 
part: (Tag) "Texoma Brand Prime Cotton Seed Cake and Meal * * * 
Guaranteed Analysis Protein, not less than   43%."   The remainder of the
tured by Dallas Oil Refining Company, Dallas, Texas Guaranteed Analysis 
Protein   43 per cent."
Analyses of four samples of the article by the Bureau of Chemistry of this 
department showed that the said samples contained 41.25 per cent, 41.42 per 
cent, 41.74 per cent, and 41.47 per cent, respectively, of crude protein.
Misbranding of the article was alleged in the information for the reason 
that the statements, to wit, " Guaranteed Analysis Protein, not less than 43%," 
and " Guaranteed Analysis Protein 43%," borne on the tags attached to the 
sacks containing respective portions of the said article, were false and 
misleading in that they represented that the article contained not less 
than 43 per cent of protein, and for the further reason that it was labeled 
as aforesaid 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, 
it did contain less than 43 per cent of protein.
On May 5, 1924, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $200.
How ABB M. GOEE, Secretary of Agriculture.