13210. Misbi-anding of cottonseed meal.     U.  S. v.  Consolidated  Cottonseed
Operating Co.     Plea of nolo contendere.     Fine, SIOO.     (F. & D. No.
19260.     I. S. No. 9192-v.)
On January 5, 1925, the United States attorney for the Northern District of 
Texas, 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 Con- 
solidated Cottonseed  Operating Co.,  a corporation,  trading at Dallas,  Tex.,
alleging shipment by said company, in violation of the food and drugs act as 
amended, on or about October 3, 1923, from the State of Texas into the State 
of Ohio, of a quantity of cottonseed meal which was misbranded. The article 
was labeled in part: " 100 Lbs. Net    *    *    *    Cotton Seed Meal."
Thirty sacks weighed by an inspector of the Bureau of Chemistry of this 
?department averaged 96.5 pounds net weight.
Misbranding of the article was alleged in the information for the reason 
that the statement, to wit " 100 Lbs. Net," borne on the tags attached to the 
sacks containing the article, was false and misleading, in that the said state- 
ment represented that each of the sacks contained 100 pounds net of the article, 
and for the further reason that it was labeled as aforesaid so as to deceive and 
mislead the purchaser into the belief that each of the said sacks contained 100 
pounds of the article, whereas each of said sacks did not contain 100 pounds net 
of the said article, but did contain a less amount. Misbranding was alleged 
for the further reason that the article was food in package form and the 
quantity of the contents was not plainly and conspicuously marked on the out- 
side of the packages.
On February 14, 1925, a plea of nolo contendere to the information was 
entered on behalf of the defendant compans^, and the court imposed a fine 
of $100.
R. W. DTTNLAP, Acting Secretary of Agriculture.