25546. Misbranding of cottonseed meal and cottonseed cake.    U. S. v. South¬
land Cotton Oil Co.    Plea of guilty.    Fine $625.    (F. & D. no. 33950. 
Sample nos. 8168-B, 8174-B, 8175-5, 27415-B, 27420-B.)
This case was based on interstate shipments of cottonseed products which 
contained less protein than declared on the label.
On July 9, 1935, the United States attorney for the Northern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against the Southland Cotton Oil Co., a corporation, Waxa- 
hachie, Tex., alleging shipment by said company in violation of the Food and 
Drugs Act on or about August 7, August 29, October 26, December 6, and 
December 29, 1934, from the State of Texas into the State of Kansas of 
quantities of cottonseed meal and cottonseed cake which were misbranded. 
A portion of the article wag labeled, variously, in part: " 'Army' Brand Prime 
Cotton Seed Cake and Meal * * * Guaranteed Analysis Protein, not less 
than 43.00% * * * Louis Tobian & Co."; "Guaranteed Analysis Protein 
not less than 43% * * * Manufactured for Kansas City Cake and Meal 
Co. * * * Kansas City, Mo."; "43% Protein Cottonseed Cake or Meal Prime 
Quality Manufactured by Southland Cotton Oil Co. Waxahachie, Texas Guar- 
anteed Analysis: Crude Protein (not less than) 43%."
The article was alleged to be misbranded in that the statements, "Guaranteed 
Analysis Protein not less than 43%", "43% Protein", and "Guaranteed Analysis: 
Crude Protein (not less than) 43%", 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 con- 
tained less than 43 percent of protein.
On February 18, 1936, a plea of guilty was entered on behalf of the defend- 
ant company and the court imposed a fine of $625.
W. R. GBEGG, Acting Secretary of Agriculture.