16901. Misbranding of cottonseed meal. V. S. v. Home Oil Mill. Plea of 
grnilty. Fine, $150. (F. & D. No. 23715. I. S. Nos. 8542-x, 11872-x, 
15835-x, 18381-x, 18576-x, 20650-x.)
On May 3, 1929, the United States attorney for the Northern District of Ala- 
bama, 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 Home 
Oil Mill, a corporation, Decatur, Ala., alleging shipment by said company, in 
violation of the food and drugs act, between the approximate dates of August 
10, 1927, and November 17, 1927, from the State of Alabama in various consign- 
ments into the States of Maryland, New York, Tennessee, Kentucky, and Penn- 
sylvania, respectively, of quantities of cottonseed meal which was misbranded. 
It was alleged in the information that the article was misbranded in that 
the statements borne on the various labels of certain portions of the article, to 
wit, "Guaranteed Analysis    *    *   ?*    41% Prime Cottonseed Meal," "Protein 
(min.)   41.00%,"   "Guaranteed   Analysis    *    *    *    36%   Prime   Cotton   Seed 
Meal,"  " Guaranteed Analysis Protein 41.00 Per Cent,"  " Prime Cotton   Seed 
Meal    *    *    *    Guaranteed Analysis Protein  (minimum)  41.00%," were false 
and misleading in that the said statements represented that the article was 41 
per cent cottonseed meal, or 36 per cent cottonseed meal, and contained 41 per 
cent of protein, or 36 per cent of protein, as the case might be; and for the 
further reason that it was labeled as aforesaid so as to deceive and mislead 
the purchaser into the belief that it was 41 per cent cottonseed meal, or 36 per 
cent cottonseed meal, and contained 41 per cent, or 36 per cent, as the case might 
be, of protein ; whereas it was not cottonseed meal of the grade represented and 
contained less protein than declared on the label, the various lots of so-called 
41 per cent cottonseed meal containing approximately 38.93 per cent, 39 per cent, 
39.77 per cent, and 38.94 per cent, respectively, of protein and the so-called 36 per 
cent cottonseed meal containing approximately 34.34 per cent of protein.    Mis- 
branding was alleged with respect to the remaining portion of the article for the 
reason that the statements, to wit, " High Grade Cotton Seed Meal   *    *    * 
Guaranteed Analysis Crude Protein 41.00% (Equals Ammonia) 8.00%    *    *    * 
Nitrogen 6.50% " borne on the label were false and misleading in that they 
represented that the article was high-grade cottonseed meal and contained not 
less than 41 per cent of protein, equal to 8 per cent of ammonia and not less 
than 6.50 per cent of nitrogen; and for the further reason that it was labeled 
as aforesaid so as to deceive and mislead the purchaser into the belief that it 
was high-grade cottonseed meal and contained not less than 41 per cent of 
protein, equal to 8 per cent of ammonia and not less than 6.50 per cent of 
nitrogen, whereas it was not high-grade cottonseed meal, and contained less 
than 41 per cent of ammonia and less than 6.50 per cent of nitrogen, to wit, 
approximately 37.02 per cent of protein, equal to 7.19 per cent of ammonia, 
and approximately 5.92 per cent of nitrogen.
On October 1, 1929, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $150.
K. W. DUNLAP, Acting Secretary of Affriculture.