18893. Misbranding of cottonseed cake and meal.    TJ. S. v. Otho L. Nikles
(Southland Cottonseed Products  Co.).     Plea of guilty.    Fine, $70.
(F. & D. No. 25722.    I. S. Nos. 18307, 18308, 18309, 18310.)
Samples of cottonseed meal and cake from the shipments herein described 
having been found to contain less protein than represented on the labels, and 
the sacks in certain of the consignments having been found to contain less than 
the declared weight, the Secretary of Agriculture reported the matter to the 
United States attorney for the Western District of Missouri.
On July 6, 1931, the United States attorney filed in the District Court of the 
United States for the district aforesaid an information against Otho L. Nikles, 
trading as the Southland Cottonseed Products Co., North Kansas City, Mo., 
alleging shipment by said defendant, in violation of the food and drugs act as 
amended, in various consignments, on or about July 24, August 16, August 23, 
and August 29, 1930, from the State of Missouri into the State of Kansas, of 
quantities of cottonseed meal and cake that was misbranded.
The article was labeled in part, variously: " 100 Lbs. Net Weight Cottonseed 
Cake and Meal ' Superior Quality' * * * Guaranteed Analysis Protein not 
less than 43 per cent * * * Distributed by Superior Cake & Meal Co. 
* * * Kansas City, Mo.;" "100 Pounds Net Weight When Packed Cotton 
Seed Meal or Cake Manufactured By Southland Cotton Seed Products Co., 
North Kansas City, Mo. Analysis Protein 43 per cent;" "Weight 100 Pounds
Net' Chickasha Prime' Cottonseed Cake or Meal   *    *   *   Guaranteed Analy- 
sis Protein not less than 43 per cent."
It was alleged in the information that the article was misbranded in that 
the statements, " Guaranteed Analysis, Protein, not less than 43%," or "Anal- 
ysis Protein 43 per cent," appearing on the tags attached to the sacks con- 
taining the article, and the statement, " 100 Lbs. Net Weight," appearing on the 
tags attached to the sacks containing portions of the said article, were false 
and misleading, in that the said statements represented that the article con- 
tained not less than 43 per cent of protein, and that the sacks containing the 
said portions each contained 100 pounds of the article; and for the further 
reason that the article 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 protein 
and that the sacks containing the said portions each contained 100 pounds of 
the article; whereas the said article contained less than 43 per cent of protein, 
and the sacks in certain consignments contained less than 100 pounds. Mis- 
branding was asleged with respect to the said portions of the article for the 
further reason that it was food in package form and the quantity of the 
contents was not plainly and conspicuously marked on the outside of the 
package.
On November 2, 1931, the defendant entered a plea of guilty to the informa- 
tion, and the court imposed a fine of $70.
AETHTJB M. HYDE, Secretary of Agriculture.