16876. Misbranding of cottonseed meal.     U.  S. v. 400  Sacks  of Cottonseed
Meal.     Decree of condemnation and forfeiture.     Product released 
under bond.     (F. & D. No. 28589.    I. S. No. 013038.     S. No. 1838.)
On April 8, 1929, the United States attorney for the Eastern District of Ken- 
tucky, 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 400 sacks of cottonseed meal, remaining in the original packages 
at Winchester, Ky., consigned by the Dan Joseph Co., Columbus, Ga., Feb- 
ruary 26, 1929, alleging that the article had been transported in interstate 
commerce from Columbus, Ga., into the State of Kentucky, and charging mis- 
branding in violation of the food and drugs act. The article was labeled in 
part: "Pinta Columbus Brand, 41% protein Cottonseed Meal, made by Dan 
Joseph Co., Columbus, Ga., guaranteed minimum analysis Protein 41%."
Misbranding of the article was alleged in the libel for the reason that the 
label bore statements, designs, and devices regarding the said article, which 
were false and misleading in that it was labeled to represent that it contained 
41 per cent of protein, and with the intent of deceiving and misleading the pur- 
chaser to believe that it contained ,41 per cent of protein, whereas it'did not, 
but did contain less than 41 per cent of protein.
On November 7, 1929, the Winchester Roller Mills, Winchester, Ky., having 
appeared as claimant for the property, judgment of condemnation and for- 
feiture 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 $1,000, conditioned in part that it ba relabeled under the super- 
vision of this department.
ARTHUR M. HYDE, Secretary of Agriculture.