10675.?Adulteration  and misbranding:  of cottonseed meal.     TJ.  S.     *     *     *
v. 375 Sacks * * * of Cottonseed Meal. Decree of condemna??
tion and  forfeiture.    Product  released under  bond.     (F.  &  D.  No.
16192.    I. S. No. 6735M:.     S. No. E-3837.)
On April 8, 1922, the United States attorney for the District of Massachu??
setts, acting upon a report by the Secretary of Agriculture, filed in the District?
Court of the United States for said district a libel of information praying?
the seizure for condemnation of 375 sacks of cottonseed meal, remaining in?
the original unbroken packages at Ayer, Mass., alleging that the article had?
been shipped on or about March 2, 1922, by Black & Co., Macon, Ga., and trans??
ported from the State of Georgia into the Commonwealth of Massachusetts,?
and charging adulteration and misbranding in violation of the Food and Drugs?
Act. Said article was labeled in part, " 'Thirty Six' Brand Cotton Seed Meal.?
Manufactured for L. B. Lovitt & Company Memphis, Tennessee, Dallas,?
Texas."
Adulteration of the article was alleged in the libel for the reason that a?
substance low in protein and high in fiber had been mixed and packed there??
with so as to reduce and lower and injuriously affect its quality and strength?
and had been substituted in part for the article.
Misbranding was alleged in substance for the reason that the statements, to?
wit, " Cotton Seed Meal * * * Guaranteed Analysis Protein (Equivalent?
7? ammonia) 36.00? * * * Fibre 14.00?," borne and labeled upon the?
tags attached to the sacks, concerning the amount of protein and fiber in the?
article, were false and misleading in that said statements represented and?
guaranteed the article to contain 36 per cent of protein and 14 per cent of?
fiber, and for the further reason that it was labeled as aforesaid so as to de??
ceive and mislead the purchaser thereof into the belief that it contained 36?
per cent of protein and 14 per cent of fiber, whereas, in truth and in fact, said?
article contained less than 36 per cent of protein and more than 14 per cent of?
fiber.
On May 2, 1922, the matter having come on to be heard and the J. Cushing?
Co., Fitchburg, Mass., having filed satisfactory bond in conformity with section?
10 of the act, the court found the product to be adulterated and misbranded as?
alleged, and condemned the same, but ordered that upon payment of the costs?
of the proceedings the product might be delivered to said claimant.
C. W. PUGSLEY, Acting Secretary of Agriculture.