13091. Misbranding of mixed feed.    V. S. -v. Roy M. Houston and Paul F.
Eve   (Nashville  Grain  &  Feed   Co.).    Plea   of  guilty.    Fine,  SIOO.
(F. & D. No. 13888.    I. S. No. 277-r.)
On December 23, 1920, the United States attorney for the Middle District 
of Tennessee, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for said district an information against 
Roy M. Houston and Paul F. Eve, copartners, trading as the Nashville Grain
& Feed Co., Nashville, Tenn., alleging shipment by said defendants,.in violation 
of the food and drugs act, on or about November 21, 1919, from the State of 
Tennessee into the State of North Carolina, of a quantity of mixed feed which 
was misbranded. The article was labeled in part: " 100 Lbs. No. 1 Mixed Feed 
Manufactured by Nashville Grain And Feed Co., Nashville, Tenn. Protein 
18.00 Fat 4.00."
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed that it contained 15.9 per cent of protein and 3.4 per cent 
of fat.
Misbranding of the article was alleged in the information for the reason that 
the statements, to wit, " Protein 18.00, Fat 4.00," 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 18 per cent 
of protein and not less than 4 per cent of fat, 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 18 per cent of protein and not less 
than 4 per cent of fat, whereas, in truth and in fact, it did contain less than 
18 per cent of protein and less than 4 per cent of fat.
On April 17, 1924, the defendants entered pleas of guilty to the information, 
and the court imposed a fine of $100.
R. W. DTJNXAP, Acting Secretary of Agriculture.