15023. Misbranding of  cottonseed  cake.     U.   S. v.  Landa  Milling'  Co.     Plea
of nolo contendere.    Fine, $50.    (F. & D. No. 19766.    I. S. No. 8427-x.)
On May 24, 1926, the United States attorney for the Western District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
the Landa Milling Co., a corporation, New Braunfels, Tex., alleging shipment 
by said company, under the name of the Landa Cotton Oil Co., on or about 
August 27, 1925, from the State of Texas into the State of Kansas, of a quan- 
tity of cotton-seed cake which was misbranded. The article was labeled in 
part: (Tag) "This package contains 100 pounds (Net) * * * Landa 
Cotton Oil Co., New Braunfels, Texas."
Examination by this department of 55 unopened sacks of the article showed 
an average net weight of 94.C3 pounds.
Misbranding of the article was alleged in the information for the reason 
that the statement, to wit, "This package contains 100 pounds (net)," borne 
on the tag attached to each of the sacks containing the said article, was false
[1927
and misleading, in that the said statement represented that the sacks each 
contained 100 pounds of the product, and for the further reason that it was 
labeled as aforesaid so as to deceive and mislead the purchaser into the belief 
that the sacks each contained 100 pounds of the product, whereas they did 
not but did contain a less amount. 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 April 18, 1927, a plea of nolo contendere to the information was entered 
on behalf of the defendant company, and the court imposed a fine of $50.
W. M. JABDINE, Seoretary of Agriculture.