30178.  Misbranding of cottonseed meal.    U. S. v. Transit Milling Co.    Plea of 
guilty.   Fine, $50.    (F. & D. No. 42572.   Sample No. 4150-D.)
This product contained a smaller percentage of crude protein than that declared 
on the label.
On October 3, 1938, the United States attorney for the Eastern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against the Transit Milling Co., a corporation, Sherman, 
Tex., alleging shipment by said company in violation of the Food and Drugs 
Act on or about April 20, 1938, from the State of Texas into the State of Kansas, 
of a quantity of cottonseed meal which was misbranded. The article was labeled 
in part: " 'Army' Brand Prime Quality 43% Protein Cottonseed Cake and Meal 
Manufactured For and Guaranteed By Louis Tobian & Company, Dallas, Texas."
Misbranding was alleged in that the statement "Crude Protein, not less than 
43.00%," borne on the label, was false and misleading and was borne on the 
said label so as to deceive and mislead the purchaser, since the article contained 
less than 43 percent of crude protein.
On November 28, 1938, a plea of guilty was entered on behalf of the defend- 
ant, and the court imposed a fine of $50.
HARBY L. BROWN, Acting Secretary of Agriculture.