13602. Adulteration and misbranding of tankage.    IT. S. v. Joseph F. Herr 
mann (Joseph F. Herrmann & Co.).    Plea of guilty.     Fine, $50 and
costs.     (F. & D. No. 19651.    I. S. No. 8847-v.)
On June 23, 1925, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information atrainst 
Joseph F. Herrmann, trading as Joseph F. Herrmann & Co., Chicago, Ill., 
alleging shipment by said defendant, in violation of the food and drugs act, 
on or about May 13, 1924, from the State of Illinois into the State of Indiana. 
of a quantity of tankage which was adulterated and misbranded.    The article
was labeled in part: (Tag) " Joseph F. Herrmann & Company, of Chicago, Ill., 
Guarantees this Herrmann's Digester Tankage to contain not less than * * * 
60.0 per cent of crude protein."
Analysis of a sample of the article by the Bureau of Chemistry of this 
department showed that the said sample contained 55.8 per cent of protein.
Adulteration of the article was alleged in the information for the reason 
that a substance containing less than 60 per cent of crude protein had been 
substituted for digester tankage guaranteed to contain not less than 60 per 
cent of crude protein, which the said article purported to be.
Misbranding was alleged for the reason that the statement, to wit, "Joseph 
F. Herrmann & Company, of Chicago, Ill., Guarantees this Herrmann's Digester 
Tankage to contain not less than 60.0 per cent of crude protein," borne on 
the tags attached to the sacks containing the article, was false and mislead- 
ing, in that the said statement represented that the article contained not less 
than 60 per cent of protein, 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 60 per cent of crude protein, whereas it did not 
contain 60 per cent of crude protein but did contain a less amount.
On July 13, 1925, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $50 and costs.
R. W. DTTNLAP, Acting Secretary of Agriculture.