14269. Misbranding of cottonseed meal and cottonseed cake.    V. S. v. 115
Sacks of Cottonseed Cake, et al. Decree of forfeiture entered. 
Products released under bond. (F. & D. Nos. 20928, 20938, 20958. 
I. S. Nos. 434-x. 435-x, 441-x, 442-x, 443-x, 447-x, 448-x. -J8. Nos. W-1916, 
W-1921, W-1927.)
On or about March 20, 27, and 30, 1926, respectively, the United States 
attorney for the District of Colorado, acting upon reports by the Secretary of 
Agriculture, filed in the District Court of the United States for said district 
libels praying seizure and condemnation of 638 sacks of cottonseed cake or meal, 
remaining in the original unbroken packages in part at Walsenburg, Colo., 
and in part at Trinidad, Colo., consigned by the Quanah Cotton Oil Co., 
alleging that the articles had been shipped from Quanah, Tex., in various 
consignments, namely, on or about November 26, 1925, and January 12 and 
February 1, 1926, respectively, and transported from the State of Texas into 
the State of Colorado, and charging misbranding in violation of the food and 
drugs act. The articles were labeled, variously: "43% Protein Cottonseed 
Cake Prime Quality Manufactured by Quanah Cotton Oil Company Quanah, 
Texas Guaranteed Analysis: Crude Protein not less than 43.00 Per Cent"; 
" Crude Protein not less than 43.00 Per Cent"; " 43% Protein Cottonseed 
Meal" (or "Cake") "Prime Quality."
Misbranding of the articles was alleged in the libels for the reason that the 
statements. "Protein not less than 43.00 Per Cent." "43% Protein," "43% 
Protein Cottonseed Cake," and "Guaranteed Analysis: Crude Protein not less 
than 43.00 Per Cent," as the case might be, borne on the various labels, were 
false and misleading and deceived and misled the purchaser, since the said 
articles did not contain 43 per cent of protein.
On April 21, 1926, the Quanah Cotton Oil Co., Quanah, Tex., having appeared 
as claimant for the property and having proved ownership thereof, on a finding 
by the court that the products were misbranded. judgment of forfeiture was 
entered, and it was ordered by the court that the said products be released 
to the claimant upon payment of the costs of the proceedings and the execution 
of bonds in the aggregate sum of $1,300, in conformity with section 10 of the 
act, and that the claimant be permitted to examine and relabel them to show 
the correct contents.
W. M. JARDINE. Secretary of Agriculture.
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