10550. Misbranding of   cottonseed   meal   and    calce.      TJ.    S.      *       *       *      v.
Vidalia  Oil  &  Ice  Co.,  a  Corporation.    Plea  of   guilty.    Fine,   ?150.
(F. & D. No. 12307.    I. S. Nos. 10873-r, 11973-r.)
On July 17, 1920, .the United States attorney for the Western District of 
Louisiana, 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 Vidalia Oil & Ice Co., a corporation, Vidalia, La., alleging shipment by said 
company, on or about December 12, 1918, in violation of the Food and Drugs 
Act, as amended, from the State of Louisiana into the State of Kansas, of quan- 
tities of cottonseed meal and cake which were misbranded. The articles were 
labeled in part:" Owl Brand    *    *    *    High-Grade Cotton Seed Meal   *   *   *."
Analyses of samples of the articles by the Bureau of Chemistry of this de- 
partment showed that the cottonseed meal contained 13.17 per cent of crude 
fiber, 38.16 per cent of crude protein, 6.10 per cent of total nitrogen, and 7.41 
per cent of total ammonia ; and that the cottonseed cake contained 12.78 per 
cent of crude fiber, 38.08 per cent of crude protein, 6.09 per cent of total nitrogen, 
and 7.40 per cent of total ammonia. Examination of the articles showed that 
the average net weight of 40 sacks of the cottonseed cake was 98.27 pounds, and 
that the average net weight of 16 sacks of the cottonseed meal was 94.75 pounds.
Misbranding of the articles was alleged in the information for the reason 
that certain statements, to wit, " 100 Lbs. Gross 99 Lbs. Net Ammonia 8%. 
Protein 41% * * * Nitrogen <o\% * * * These are minimum guarantees 
Frequently runs higher * * * Fibre, maximum 10% * * *," borne on 
the tags attached to the sacks containing the articles, regarding the said articles 
and the ingredients and substances contained therein, were false and mislead- 
ing in that they represented that the articles contained 8 per cent of ammonia, 
41 per cent of protein, and 6| per cent of nitrogen, and not more than 10 per 
cent of fiber, and that each of the said sacks contained 99 pounds of the respective 
articles, and for the further reason that the respective articles were labeled as 
aforesaid so as to deceive and mislead the purchaser into the belief that they
contained 8 per cent of ammonia, 41 per cent of protein, and 6i per cent of nitro- 
gen, and not more than 10 per cent of fiber, and that each of the said sacks 
contained not less than 99 pounds of the article, whereas, in truth and in fact, 
the said articles did not contain 8 per cent of ammonia nor 41 per cent of 
protein nor Qi per cent of nitrogen, but did contain a less amount, they did 
contain more than 10 per cent of fiber and each of the said sacks contained les- 
than 99 pounds of the article. Misbranding was alleged for the further reason 
that the articles were food in package form, and the quantity of the contents 
was not plainly and conspicuously marked on the outside of the packages.
On May 22, 1921, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $150.
O. W. PXJGSLEY, Acting Secretary of Agriculture.