23862. Misbranding of tankage.    V. S. v. The Wuichet Fertilizer Co.    Plea 
of entity.    Fine, $10.    (F. & D. no. 31484.    Sample no. 19178-A.)
This case was based on an interstate shipment of tankage, which contained 
less protein than declared on the label.
On November 5, 1934, the United States attorney for the Southern District 
of Ohio, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Wuichet Fertilizer Co., a corporation, 
Dayton, Ohio, alleging shipment by said company in violation of the Food 
and Drugs Act, on or about January 1, 1933, from the State of Ohio into the 
State of Indiana, of a quantity of tankage which was misbranded. The article 
was labeled in part: "60% Protein Tankage Manufactured by The Wuichet 
Fertilizer Company Dayton, Ohio Guaranteed Analysis Crude Protein, not 
less than 60.0%."
The article was alleged to be misbranded in that the statements, " 60% 
Protein Tankage * * * Guaranteed Analysis Crude Protein, not less than 
60.0% ", borne on the tag, were false and misleading, and for the further 
reason that it was labeled so as to deceive and mislead the purchaser, since 
it contained less than 60 percent of crude protein.
On November 5, 1934, a plea of guilty was entered on behalf of the defend- 
ant company, and the court imposed a fine of $10.
M. L. WILSON, Acting Secretary of Agriculture.