12540. Misbranding: of cottonseed meal.    IT. S. v. 300 Sacks of Cottonseed
Meal. Consent decree of condemnation and forfeiture. Product 
released under bond to be relabeled. (P. & D. No. 18817. I. S. No. 
2365-v.    S. No. K-4881.)
On July 9, 1924, the United States attorney for the Western District of New 
lork, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district a libel praying the seizure and 
condemnation of 300 sacks of cottonseed meal remaining in the original un- 
broken packages at Buffalo, N. Y., consigned by the Frederick Cotton Oil 
Mfg. Co., Frederick, Okla., alleging that the article had been shipped from 
Frederick, Okla., June 2, 1924, and transported from the State of Oklahoma 
into the State of New York, and charging misbranding in violation of the food 
and drugs act as amended. The article was labeled in part: (Tag) "Weight 
100 Pounds Net ' Chickasha Prime' Cottonseed Cake or Meal * * * Guar- 
anteed Analysis: Protein not less than 43 per cent."
Misbranding of the article was alleged in the libel for the reason that the 
statements, " 100 Pounds Net," " Guaranteed Analysis: Protein not less than 43 
per cent." were false and misleading and deceived and misled the purchaser, 
and 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 out- 
side of the package.
On July 29, 1924, the Chickasha Cotton Oil Co., Chickasha, Okla., having 
appeared as claimant and having consented to the entry of a decree, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be released to the said claimant upon payment of the costs 
of the proceeding and the execution of a bond in the sum of $250, in conformity 
with section 10 of the act, conditioned in part that it be relabeled as contain- 
ing 39 per cent of protein, together with the correct weight.
HOWARD M. GORE, Secretary of Agriculture.