25315. Misbranding of cottonseed cake and meal.    U. S. v. East St. Louis Cotton
Oil   Co.    (Pine   Bluff   Cotton   OU   Mill).     Plea   of   guilty.     Fine,   825.
(F.   &   D.   no.   35926.    Sample   nos.   27423-B,   33001-B   to   33004-B,   incl., 
33008-B, 33009-B.)
This case was based on interstate shipments of cottonseed cake and meal that 
contained less protein than declared on the label.
On September 20, 1935, the United States attorney for the Eastern District of 
Arkansas, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the East St. Louis Cotton Oil Co., a cor- 
poration, trading as the Pine Bluff Cotton Oil Mill at Pine Bluff, Ark., alleging 
shipment by said company in violation of the Food and Drugs Act on or about 
January 24, February 14, February 16, and February 25, 1935, from the State 
of Arkansas into the State of Kansas, of quantities of cottonseed cake and 
meal which was misbranded. A portion of the article was labeled: "Chickasha 
Prime Cottonseed Cake or Meal * * * Guaranteed Analysis Protein, not 
less than 43.00 per cent." The remainder of the article was labeled: "Army 
Brand Prime Quality 43% Protein Cottonseed Cake and Meal Manufactured For 
Louis Tobian & Company Dallas, Texas Guaranteed Analysis: Crude Protein, 
not less than 43.00%."
The article was alleged to be misbranded in that the statements, "Guaranteed 
Analysis Protein, not less than 43.00%", with respect to a portion of the product, 
and the statements, "43% Protein" and "Guaranteed Analysis: Crude Protein, 
not less than 43.00%", with respect to the remainder, borne on the tags attached 
to the sacks containing the article, were false and misleading, and for the 
further reason that it was labeled so as to deceive and mislead the purchaser 
since it did not contain 43 percent of protein but did contain a less amount.
On October 12, 1935, a plea of guilty was entered on behalf of the defendant 
company and the court imposed a fine of $25.
R. G. TUGWEIX, Acting Secretary of Agriculture.