16211. Misbranding of cottonseed ealce.    IT. S. v.  500 Sacks of Cottonseed
Cals:e. Default decree of condemnation and forfeiture. Product 
ordered sold or released under bond. (F. & D. No. 23273,, I. S. No. 
04784.    S. No. 1386.)
On December 24, 1928, the United States attorney for the District of Wyo- 
ming, 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 con- 
demnation of 500 sacks of cottonseed cake, remaining unsold in the original 
unbroken packages at Worland, Wyo., consigned by the Dallas Oil & Refining 
Co., Dallas, Tex., alleging that the article had been shipped from Dallas, Tex., 
on or about December 11, 1928, and transported from the State of Texas into 
the State of Wyoming, and charging misbranding in violation of the food and 
drugs act.
It was alleged in substance in the libel that the article was misbranded in 
that the label bore the following statements: "100 Pounds Net Cotton Seed 
Cake or Meal, Manufactured by Dallas Oil & Refining Co., Dallas, Texas. 
Analysis Protein 43 per cent," which statements were false and misleading 
and deceived and misled the purchaser, since the article did not (contain 43 
per cent of protein, but did contain a much smaller percentage of protein.
On January 29, 1929, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be sold by the United States marshal.- It was further 
ordered by the court that the product might be delivered to the owner or 
owners upon payment of costs and the execution of a bond in the sum of $2,000, 
conditioned in part that it should not be disposed of contrary to law; and it 
was further ordered that the United States marshal, before delivery of the 
product to the owner or purchaser, require them to relabel it as required by 
law, and particularly to state the amount of crude protein therein.
R. W. DUNLAP, Acting Secretary of Agriculture.