12810. Misbranding  of  stock  feed.     U.   S.  v. Akron  Peed   &   Milling:  Co.,  a
Corporation.     Plea  of nolo  contendere.     Fine, $200.      (F.  & D.  No.
17923.    I. S. Nos. 2150-v, 2201-v.)
On January 18, 1924, the United States attorney for the Northern 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 Akron Feed & Milling Co., a corporation, Akron, Ohio, alleging shipment 
by said company, in violation of the food and drugs act, in two consignments, 
namely, on or about February 16 and March 16, 1923, respectively, from the 
State of Ohio into the State of Pennsylvania, of quantities of stock feed which 
was misbranded. The shipment of March 16 was labeled in part: (Tag) 
" 100 Pounds Portage Stock Feed Made By The Akron Feed & Milling Co. 
Akron, Ohio, Analysis Crude Protein-8%--10% Crude Fat-4% Crude 
Fibre-10%." The shipment of February 16 was labeled in part: (Sack) "100 
Lbs. Portage Stock Feed Analysis Crude Protein 8% * * * Made By The 
Akron Feed & M'l'g Co. Akron-Ohio."
Analysis by the Bureau of Chemistry of this department of a sample from 
the shipment of February 16 showed that the said sample contained 7.38 per 
cent of protein. Analysis by the said bureau of a sample from the shipment 
of March 16 showed that it contained 7.88 per cent of protein, 3.34 per cent 
of crude fat, and 11.09 per cent of crude fiber.
Misbranding of the article was alleged in the information for the reason that 
the statements, to wit, "Analysis Crude Protein-8%-10% Crude Fat-4% 
Crude Fibre-10%," borne on the tags attached to the sacks of the shipment 
of March 16, and the statement, to wit, " Crude Protein-8%," borne on the 
sacks of the shipment of February 16, were false and misleading, in that the 
said statements represented that the former contained not less than 8% per 
cent of crude protein, not less than 4 per cent of crude fat, and not more than 
10 per cent of crude fiber, and that the latter contained not less than 8 per cent 
of crude protein, and for the further reason that the article was labeled as 
aforesaid so as to deceive and mislead the purchaser into the belief that the
former contained not less than 8% per cent of crude protein, not less than 4 
per cent of crude fat, and not more than 10 per cent of crude fiber, and that 
the latter contained not less than 8 per cent of crude protein, whereas, in 
truth and in fact, the former portion of the article contained less crude 
protein, less crude fat, and more crude fiber than declared, and the latter 
portion contained less than 8 per cent of crude protein.
On September 8, 1924, a plea of nolo contendere to the information was 
entered on behalf of the defendant company, and the court imposed a fine of 
$200.
W. M. JAKDINE, Secretary of Agriculture.