16158. Misbranding of  cottonseed  meal.     TJ.   S.  v.  Elk  City  Cotton  Oil   Co.
Plea of guilty. Fine, SlOO and costs. (F. & D. No. 23703. I. S. No. 
8786-x.)
On December 24, 1928, the United States attorney for the Western District of 
Oklahoma, 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 
Elk City Cotton Oil Co., a corporation, Elk City, Okla., alleging shipment by 
said company, in violation of the food and drugs act, on or about April 13, 1928, 
from the State of Oklahoma into the State of Minnesota, of a quantity of cotton- 
seed meal which was misbranded. The article was labeled in part: (Tag) 
" Elko Brand Cotton Seed Cake or Meal Elk City Cotton Oil Co. Elk City, Okla. 
Guaranteed Analysis Crude Protein (minimum) 43 per cent."
It was alleged in the information that the article was misbranded in that the 
statement, to wit, " Guaranteed Analysis Crude Protein (minimum) 43 per cent," 
borne on the tag attached to the sacks containing the said article, was false 
and misleading in that the said statement represented that the article contained 
not less than 43 per cent of crude 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 43 per cent of crude protein, whereas it did con- 
tain less than 43. per cent of crude protein, to wit, approximately 39.7 per cent 
of crude protein.
On January 12, 1929, a plea of guilty to the information wras enterecl on 
behalf of the defendant company, and the court imposed a fine of $100 and costs..
R. W. DUNLAP, Acting Secretary of Agriculture.