24360. Misbranding of  cottonseed  meal  and  cake.    U.   S.  v.  Terminal  Oil
Mill Co.    Plea of guilty.     Fine, $5.     (F. & D. no. 33803.    Sample nos. 
63708-A, to 63711-A, incl., 63713-A, 63717-A.)
This case was based on shipments of 4 lots of cottonseed cake and meal, 3 
of which were deficient in protein, and 1 of which was short weight.
On October 8, 1934, the United States attorney for the Western District 
of Oklahoma, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Terminal Oil Mill Co., a corporation, 
Oklahoma City, Okla., alleging shipment by said company in violation of the 
Food and Drugs Act, between the dates of November 23, 1933, and March 3, 
1934, from the State of Oklahoma into the State of Kansas of quantities of 
cottonseed meal and cake which were misbranded. Portions of the articles were 
labeled: " Guaranteed Analysis Protein, not less than 43% * * * Manu- 
factured by Terminal Oil Mill Co. Oklahoma City, Oklahoma." The remainder 
was labeled: " 100 Pounds Net * * * Products of cottonseed only Choctaw 
Sales Company   *    *    *   Kansas City, Missouri."
The articles were alleged to be misbranded in that the statement, " Guaran- 
teed Analysis Protein, not less than 43%," with respect to the product involved 
in three of the shipments, and the statement " 100 Pounds Net", with respect 
to the product involved in the remaining shipment, borne on the labels, were 
false and misleading; and for the further reason that the articles were labeled 
so as to deceive and mislead the purchaser, since the product in three of the 
said shipments contained less than 43 percent of protein, and each of a large 
number of the sacks of the remaining shipment contained less than 100 pounds 
of the article.
On March 20, 1935, a plea of guilty was entered on behalf of the defendant 
company and the court imposed a fine of $5.
M. L. WILSON, Acting Secretary of Agriculture.
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