13492. Misbranding of cottonseed cake.     U.  S. v.  150  Sacks of  Cottonseed
Cake.    Decree of condemnation and forfeiture.    Product released 
nnder bond.     (F. & D. No. 19930.    I. S. No. 23099-v.    S. No. C-1687.)
On March 27, 1925, the United States attorney for the District of Kansas, act- 
ing upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district a libel praying the seizure and condemna-
tion of 150 sacks of cottonseed cake, remaining in the unbroken packages at 
Wallace, Kans., alleging that the article had been shipped by the Munday 
Cotton Oil Co., from Munday, Tex., on or about February 1, 1925, and trans- 
ported from the State of Texas into the State of Kansas, and charging mis- 
branding in violation of the food and drugs act as amended. The article was 
labeled in part: "100 Pounds (Net) 43 Per Cent Protein Cottonseed Cake 
Munday Cotton Oil Company, Munday, Texas."
Misbranding of the article was alleged in the libel for the reason that the 
statement "100 Pounds (Net) 43 Per Cent Protein" was false and misleading 
and calculated to induce the purchaser to believe that the said article con- 
tained not less than 43 per cent of protein, whereas it contained a much less 
amount than 43 per cent of protein. Misbranding was alleged for the further 
reason that the article was food in package form and the quantity of the 
contents was not plainly and conspicuously marked on the outside of the 
package.
On June 26, 1925, the Munday Cotton Oil Co., Munday, Tex., having appeared 
as claimant for the property, judgment of condemnation and forfeiture was 
entered, and it was ordered by the court that the product be released to the 
said claimant upon payment of the costs of the proceedings and the execution 
of a bond in the sum of $500, in conformity with section 10 of the act, condi- 
tioned in part that it be relabeled to show its true contents.
C. F. MARVIN, Acting Secretary of Agriculture.