19291. Misbranding of cottonseed cake.    U.  S. v. 179  Sacks  of Cottonseed
Cake.    Default   decree   of   condemnation   and   forfeiture,   to   be 
relabeled for sale.     (F. & D. No. 27002.    I. S. No. 17578.    S. No. 5217.)
Samples of cottonseed cake from the shipment herein described having been 
found to contain less protein than labeled, the Secretary of Agriculture reported 
the matter to the United States attorney for the District of New Mexico.
On October 6, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and condem- 
nation of 179 sacks of cottonseed cake, remaining in the original packages at 
Carizozo, N. Mex., alleging that the article had been shipped on or about 
April 9, 1931, by the El Paso Refining Co., from El Paso, Tex., and had been 
transported in interstate commerce from the State of Texas into the State of 
New Mexico, and charging misbranding in violation of the food and drugs act. 
The article was labeled in part: (Sacks) "100 lbs. Net 43% Protein Cottonseed 
Cake Prime Quality Manufactured by El Paso Refining Co. El Paso Texas. 
Guaranteed Analysis Crude Protein not Less than 43%."
It was alleged in substance in the libel that the article was misbranded in 
that the statements, " 43% Protein " and " Crude Protein not Less than 43%," 
appearing on the label of the sacks, were false and misleading.
On November 24, 1931, 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 relabeled by the United States marshal, under the 
direction of the Department of Agriculture, to show the true contents of protein 
therein, and sold at public auction.
ARTHUR M. HYDB, Secretary of Agriculture.