14690. Misbranding of cottonseed  cake.    IT.  S.  v.  85  Sacks  of Cottonseed
Cake.    Decree    of   forfeiture    entered.    Product   released   under 
bond.     (F. & D. No. 20931.    I. S. No. 432-x.    S. No. W-1917.)
On March 17, 1926, the United States attorney for the District of Colorado, 
-acting upon a report by the Secretary of Agriculture, filed in the District Court
of the United States for said district a libel praying seizure and condemnation 
?of 85 sacks of cottonseed cake, remaining in the original unbroken packages at
Pueblo, Colo., consigned by the Coleman Cotton Oil Mill, Coleman, Tex., alleging 
?that the article had been shipped from Coleman, Tex., on or about October 23,
1925, and transported from the State of Texas into the State of Colorado, 
and charging misbranding in violation of the food and drugs act. The article 
was labeled in part: "43% Protein Cottonseed Cake.   Prime Quality."
Misbranding of the article was alleged in the libel for the reason that the 
statement "43% Protein," borne on the label, was false and misleading and 
deceived and misled the purchaser, since the said product did not contain 43 
per cent of protein.
On July 21, 1926, the Consumers Cotton Oil Mills having appeared as 
claimant for the property, judgment of forfeiture was entered, and it was 
ordered by the court that the property 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, conditioned in part that it be relabeled according to its correct 
contents.
W. M. JABDINE, Secretary of Agriculture.