14470.  Misbranding   of  cottonseed   cake.     U.   S.  v.   Commerce  Oil  Mill   Co. 
Plea of suilty.     Fine, $50.     (F. & D. No. 19683.    I. S. No. 23876-v.)
On September 30, 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 Commerce Oil Mill Co., a corporation, Commerce, Tex., alleging shipment )
hy said company, in violation of the food and drugs act as amended, on or -
about December 6, 1924, from the State of Texas into the State of Kansas, T
?of a quantity of cottonseed cake which was misbranded.    The  article was (
labeled in part: " 100 Pounds (Net)    * *    *    Cottonseed CakePrime Quality
Manufactured by Commerce Oil Mill Company, Commerce, Texas?'     --    ^ '  
Examination by the Bureau of Chemistry of this department of 20 sacks . 
of the article from the shipment showed an average net weight of 97.61 pounds. ;
Misbranding of the article was alleged in the information for the reason 4
that the statement, to wit, "100 Pounds  (Net)," borne on the tag attached ;
to each of the sacks containing the said article, was false and misleading, j
in that the said statement represented that each sack contained 100 pounds :.
of cottonseed cake, and for the further reason that it was labeled as aforesaid '
so as to deceive and mislead the purchaser into the belief that each sack ;
contained 100 pounds of cottonseed cake,  whereas  the  said  sacks  did  not j
each contain 100 pounds of the article, but did contain in each of a number j 
of said sacks less than 100 pounds.   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 outside of the 
package.
On January 13, 1926, a plea of guilty to the information was entered on 
behalf of the defendant company, and the court imposed a fine of $50.
W. M. JABDINE, Secretary of Agriculture.   -