23884. Misbranding of dairy feed.    V. S. v. Frederick A. Hespenbelde and
Jobn F. Thompson (Hespenbelde & Thompson).    Pleas of guilty. 
Fines, $75.     (F. & D. no. 32210.    Sample nos. 14149-A, 14150-A, 68553-A.)
This case was based on interstate shipments of dairy feed. Samples taken 
from the various lots were found to contain less protein than declared on the 
label; two of the lots contained less fat than so declared, and one lot contained 
TIO soybean oil meal, one of the ingredients listed.
On July 9, 1934, the United States attorney for the Middle District of Penn- 
sylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Frederick A. Hespenheide and John F. 
Thompson, copartners, trading as Hespenheide & Thompson, York, Pa., alleging 
shipment by said defendants, in violation of the Food and Drugs Act, on or 
about November 9 and November 21, 1933, from the State of Pennsylvania 
into the State of Maryland of quantities of dairy feed which was misbranded. 
Two lots of the article were labeled: "Premier 32% Farm Mixing Feed In- 
gredients * * * Soybean Oil Meal * * * Analysis Min. Protein 32%." 
One lot was labeled in part: " Premier 24 Dairy Feed Sweet * * * Analysis 
24% Protein 4%% Fat * * * Manufactured by Hespenheide & Thompson 
York, Pa."
The article was alleged to be misbranded in that the statement on the labels, 
viz, "32% * * * Ingredients * * * Soybean Oil Meal * * * Anal- 
ysis Min. Protein 32% ", with respect to one lot, " 32% * * * Analysis Min. 
Protein 32% Min. Fat 4%%" with respect to one lot, and "24 * * * 
Analysis 24% Protein 4%% Fat" with respect to the third lot, were false and 
misleading, and for the further reason that the article was labeled so as to 
deceive and mislead the purchaser, since all lots contained less protein than 
declared on the label, two of the lots contained less fat than declared, and 
one of the lots contained no soybean oil meal, one of the declared ingredients.
On December 10, 1934, the defendants entered pleas of guilty, and the court 
imposed fines in the total amount of $75.
M. L. WILSON, Acting Secretary of Agriculture.