9331. Misbranding of cottonseed meal. IT. S. * * =" v. The Eikenberry-Fitzgerald Co., a 
Corporation. Plea of guilty. Fine, $50 and costs. (F. & D. No. 12373. I.S.Nos.l0914-r, 
10928-r.)
On September 15, 1920, the United States attorney for the Southern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district an information against the Eikenberry-Fitzgerald 
Co., a corporation, Cincinnati, Ohio, alleging shipment by said company, in viola- 
tion of the Food and Drugs Act, on or about May 2 and 3,1919, respectively, from the 
State of Ohio into the State of Kentucky, of quantities of cottonseed meal which was 
misbranded. The article was labeled in part, "* * * Nutritia Cotton Seed Feed 
¦ Made By The Eikenberry-Fitzgerald Co., Cincinnati, Ohio   *   *   *."
Analyses of samples of the article by the Bureau of Chemistry of this department
showed the following results:
Shipment of  Shipment of 
May 2. May 3.
Crude fiber (per cent) 
17.73 15.79
Nitrogen (per cent) 
5.14 5. 57
Ammonia (per cent) 
6.24 6.77
Protein (percent) 
32.10 34.80
Misbranding of the article was alleged in the information for the reason that the fol- 
lowing statement, regarding the article and the ingredients and substances contained 
therein, appearing on the tags attached to the sacks containing the article, to wit, 
"Guaranteed Analysis Protein 36.00 Per Cent. * * * Fiber 14.00 Per Cent," 
was false and misleading in that it represented that the article contained not less than 
36 per cent of protein and not more than 14 per cent of fiber, and for the further reason 
that the article was labeled as aforesaid so as to deceive and mislead the purchaser 
into the belief that it contained not less than 36 per cent of protein and not more than 
14 per cent of fiber, whereas, in truth and in fact, said article contained less protein 
and more fiber than declared, to wit, approximately 34.80 and 32.10 per cent, respec- 
tively, of protein and 15.79 and 17.73 per cent, respectively, of fiber.
On April 2, 1921, a plea of guilty to the information was entered on behalf of the 
defendant company, and the court imposed a fine of $50 and costs.
E. D. BALL, Acting Secretary of Agriculture.