16171. Misbranding of  cottonseed  cake.     V.  S. v.  140  Sacks   of  Cottonseed
Cake.     Consent decree of condemnation and forfeiture.     Product 
released under bond.     (F. & D. No. 23271.    I. S. No. 04794.     S. No. 1385.)
On December 21, 1928, the United States attorney for the Southern District 
of Illinois, 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 140 sacks of cottonseed cake at Springfield, Ill., alleging that
the article had been shipped by the Dallas Oil & Refining Co., Dallas, Tex., on 
jr about December 13, 1928, and transported from the State of Texas into the 
State of Illinois, and charging misbranding in violation of the food and drugs 
act. The article was labeled in part: " Climax Brand Cottonseed Cake and 
Meal Prime Quality Guaranteed Analysis Crude Protein not less than 43% 
* * * Made from Decorticated Cotton Seed for Southland Cotton Oil Com- 
pany    *    *    *    Paris, Texas."
It was alleged in the libel that the article was misbranded in that the state- 
ment borne on the label, " Protein not less than 43%," was false and misleading 
and deceived and misled the purchaser when applied to a product containing 
a less amount of protein than stated on the label.
On January 8, 1929, the Dallas Oil & Refining Co., Dallas, Tex., having ap- 
peared as claimant for the property and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon 
payment of costs and the execution of a bond in the sum of $500, conditioned 
in part that it be relabeled under the supervision of this department.
R. W. DUNLAP, Acting Secretary of Agriculture.