13477. Adulteration  and misbranding of  dairy  feed.     U. 'S.  v.   Francis  X.
Murphy  and  Patriels;  J.   Shouvlin   (Superior  Feed   Co.).     Pleas   of 
guilty.     Fine, $100 and costs.     (F. & D. No. 18323.    I. S. No. 3341-v.)
On May 6, 1924, the United States attorney for the Western District of Ten- 
nessee, 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 Francis 
X. Murphy and Patrick J. Shouvlin, trading as the Superior Feed Co., Mem- 
phis, Tenn., alleging shipment by said defendants, in violation of the food and 
drugs act, on or about May 10, 1923, from the State of Tennessee into the State 
of Florida, of a quantity of dairy feed, which was adulterated and misbranded. 
The article was labeled in part: (Tag) "Jersey Creme Dairy Feed Manufac- 
tured By Superior Feed Co., Memphis, Tenn. Guaranteed Analysis: Protein 24 
* * * Fat 5 Fibre 12 Ingredients Cotton Seed Meal, Corn Feed Meal, 
Wheat Bran, Wheat Shorts, Peanut Meal, Alfalfa Meal, Salt, Beet Pulp, Lin- 
seed Meal."'
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed that it contained 20.75 per cent of protein, 3.60 per cent of 
fat, and 13.68 per cent of fiber. Examination by said bureau showed that the 
product contained no peanut meal and beet pulp and only a trace of linseed 
meal, if any.
Adulteration of the article was alleged in the information for the reason 
that a product which contained no peanut meal, no beet meal, and only a trace 
of linseed meal, if any, had been substituted for a product which contained 
peanut meal, beet pulp, and linseed meal, which the said article purported to be.
Misbranding was alleged for the reason that the statements, to wit, "' Guar- 
anteed Analysis: Protein 24 * * * Fat 5 Fibre 12'" and " Ingredients 
Cotton Seed Meal, Corn Feed Meal, Wheat Bran, Wheat Shorts, Peanut Meal, 
Alfalfa Meal, Salt, Beet Pulp, Linseed Meal,'" borne on the tags attached to the 
sacks containing the article, regarding the said 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 24 per cent of pro- 
tein, not less than 5 per cent of fat, and not more than 12 per cent of fiber, 
and that it was composed in part of peanut meal, beet pulp, and linseed meal, 
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 24 per 
cent of protein, not less than 5 per cent of fat, and not more than 12 per cent 
•of fiber, and that it was composed in part of peanut meal, beet pulp, and 
linseed meal, whereas, in truth and in fact, it did contain less than 24 per cent 
of protein, less than 5 per cent of fat, and more than 12 per cent of fiber, and 
the said article was not composed in part of peanut meal, beet pulp, and lin-
seed meal, in that it contained no peanut meal, no beet pulp, and only a trace of 
linseed meal, if any.
On June 23, 1924, the defendants entered pleas of guilty to the information, 
and the court imposed a fine of $100 and costs.
HOWARD M. GORE, Secretary of Agriculture.