13601.  Misbranding?   of   tankage,     u.   S.   v.   Rnedy   Products   Co.     Plea   of 
guilty.    Fine, $200 and costs.     (F. & D. No. 19617.    I. S. No. 22008-v.)
On April 27, 1925, the United States attorney for the District of Colorado,, 
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 Ruedy Prod- 
ucts Co., a corporation, Denver, Colo., alleging shipment by said company, in. 
violation of the food and drugs act as amended, on or about August 9, 1924, 
from the State of Colorado into the State of Kansas, of a quantity of tankage 
which was misbranded. The article was labeled in part: " 100 Lbs. Net Tank- 
age Protein 60%."
Analysis of a sample of the article by the Bureau of Chemistry of this de- 
partment showed that it contained 46.26 per cent of protein. Examination of 
36 sacks of the product showed that the average net weight was 95.6 pounds.
Misbranding of the article was alleged in the information for the reason that 
the statements, to wit, " 100 Lbs. Net" and " Protein 60%," borne on the sacks- 
containing the said article, were false and misleading, in that the said state- 
ments represented that the sacks each contained 100 pounds of the article and; 
that it contained 60 per cent of protein, and for the further reason that it was- 
labeled as aforesaid so as to deceive and mislead the purchaser into the belief 
that the said sacks each contained 100 pounds of the article and that it con- 
tained 60 per cent of protein, whereas each of a number of the said sacks 
contained less than 100 pounds of the article, and the product in each of SL 
number of the said sacks contained less than 60 per cent of protein. Misbrand- 
ing 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 outside of the package.
On May 5, 1925, a plea of guilty to the information was entered on behalf of 
the defendant company, and the court imposed a fine of $200 and costs.
R. W. DUNLA^, Acting Secretary of Agriculture.