13014. Misbranding of tankage. U. S. v. Swift & Co. Plea of nolo con tendere. Fine, $1B0 and costs. (F. & D. No. 18319. I. S. Nos. 4530-v, 8840-v, 8841-v.) On July 12, 1924, the United States attorney for the Northern District ol Ohio, 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 Swift & Co., a corporation, trading at Cleveland, Ohio, alleging shipment by said company, in violation of the food and drugs act, in part on or about March 19, 1923, and in part on or about May 23, 1923, from the State of Ohio into the State of Indiana, of quantities of tankage which was mis- branded. The article was labeled in part: (Sack) " Swift's Digester Tankage Manufactured By Swift & Company Chicago, Ill. Guaranteed Analysis Pro- tein 60%." Analyses by the Bureau of Chemistry of this department of a sample from each of the three consignments of the article showed that the said samples contained 53.38 per cent, 53.07 per cent, and 54.43 per cent, respectively, of protein. Misbranding of the articles was alleged in the information for the reason that the statement " Guaranteed Analysis Protein 60%," borne on the sacks containing the said article, was false and misleading, in that the said state- ment represented that the article contained not less than 60 per cent of pro- tein, and for the further reason that it was labeled as aforesaid so as to de- ceive and mislead the purchaser into the belief that it contained not less than 60 per cent of protein, whereas the said article did contain less than 60 per cent of protein. On December 22, 1924, a plea of nolo contendere to the information was en- tered on behalf of the defendant company, and the court imposed a fine of $150 and costs. W. M. JABDINE, Secretary of Agriculture.