13069. Adulteration and misbranding- of cottonseed meal.     TT. S. v. Elk City
Cotton Oil Co. 1'lea of guilty. Fine, $100 and costs. (Jb\ & D. No. 
19301.    I.   S.  No.   5247-v.)
On January 23, 1925, the United States attorney for the Western District of 
Oklahoma, 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 
Elk City Cotton Oil Co., a corporation, Elk City, Okla., alleging shipment by 
said company, in violation of the food and drugs act, on or about February 8, 
1924, from the State of Oklahoma into the State of New Mexico, of a quantity 
of cottonseed meal which was adulterated and misbranded. The article was 
labeled in part: (Tag) "Elko Brand Cotton Seed Cake or Meal Elk City Cot- 
ton Oil Co. Elk City, Okla. Guaranteed Analysis Crude Protein (minimum) 
43 per cent   *    *    *    Crude Fibre (maximum) 10 per cent."
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed that it contained 39.5 per cent of protein and 11.5 per cent 
of crude fiber.
Adulteration of the article was alleged in the information for the reason 
that a substance containing less than 43 per cent of crude protein and more 
than 10 per cent of crude fiber had been substituted for a substance guaranteed 
to contain not less than 43 per cent of crude protein and not more than 10 
per cent of crude fiber, which the said article purported to be.
Misbranding was alleged for the reason that the statements, to wit, " Cotton 
Seed Cake or Meal * * * Guaranteed Analysis Crude Protein (minimum) 
43k per cent * * * Crude Fibre (maximum) 10 per cent," borne on the 
tags attached to the sacks containing the article, were false and misleading, in 
that the said statements represented that the article contained not less than 
43 per cent of crude protein and not more than 10 per cent of crude fiber, 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 crude protein and not more than 10 per cent of crude fiber, whereas 
said article contained less than 43 per cent of crude protein and more than 10 
per cent of crude fiber.
39651-25 2
On February 3, 1925, a plea of guilty to the information was entered on 
behalf of the defendant company, and the court imposed a fine of $100 and 
costs.
R. W. DUNLAP, Acting Secretary of Agriculture.