26538. Misbranding of cottonseed cake or meal.     U. S. v. Southland Cotton Oil
Co.    Plea   of   guilty.    Fine,   $500.     (F.   &   D.   no.   37021.    Sample   nos. 
49181-B to 49184-B, incl., 49188-B.)
This case involved cottonseed cake or meal that contained less crude protein 
than the amount declared on the label.
On September 23, 1936, 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 corpora- 
tion, Waxahachie, Tex., alleging that between the dates of November 29, 1935, 
and February 3, 1936, the defendant company shipped from Waxahachie, 
Tex., into the State of Kansas, quantities of cottonseed cake or meal that was 
misbranded in violation of the Food and Drugs Act. A portion of the article 
was labeled: "43% Protein Cottonseed Cake or Meal * * * Manufactured 
by Southland Cotton Oil Co. Waxahachie, Texas Guaranteed Analysis: Crude 
Protein (not less than) 43%." The remainder was labeled: "Interstate Brand 
Prime Cottonseed Cake And Meal * * * Guaranteed Analysis Protein, 
not less than 43% * * * Made for Interstate Feed Company Fort Worth, 
Texas."
The article was alleged to be misbranded in that the statements, "43% Pro- 
tein", "Guaranteed Analysis: Crude Protein (not less than) 43%", and "Guar- 
anteed Analysis Protein, not less than 43%", borne on the tags attached to 
the sacks, were false and misleading in that said statements represented that 
the protein content in said article was not less than 43 percent; whereas it 
was less than 43 percent and in that said statements were borne on said tags 
so as to deceive and mislead the purchaser into the belief that the protein 
content was not less than 43 percent, whereas it was less than the amount 
stated.
On October 14, 1936, a plea of guilty was entered on behalf of the defendant 
and the court imposed a fine of $500.
M. L. WILSON, Acting Secretary of Agriculture.