19952. Misbranding of cottonseed meal.     U.   S.  v. '42  Sacks   of  Cottonseed
Meal.    Default decree of condemnation, forfeiture, and sale.     (F.
& D. No. 28250.    I. S. No. 32638.    S. No. 6116.)
This action involved the interstate shipment of a quantity of cottonseed meal, 
samples of which were found to contain less than 43 per cent of protein, the 
amount declared on the label.
On April 30, 1932, the United States attorney for the District of Montana, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 42 sacks of cottonseed meal at Roundup, Mont., alleging that 
the article had been shipped in interstate commerce on or about March 10, 
1932, by Swift & Co. (Swift & Co. Oil Mill), from Little Rock, Ark., to Round- 
up, Mont., and charging misbranding in violation of the food and drugs act. 
The article was labeled in part: (Sacks) " Hayes Brand Cottonseed Meal and 
Cracked Screened Cottonseed Cake Net Weight 100 lbs. Guaranteed Analysis 
Protein 43.00%."
It was alleged in the libel that the article was misbranded in that it was rep- 
resented to contain 43 per cent of protein, which was false and misleading and 
deceived and misled the purchaser, since the product did not have a protein 
content of 43 per cent.
On July 27, 1932, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be sold by the United States marshal after obliterating the brands 
and label.
HENRY A. WALLACE, Secretary of Affrioulture.