21119. Misbranding of cottonseed meal, cottonseed cake, and cottonseed 
screenings. U. S. v. Southland Cotton Oil Co. Flea of guilty. 
Fine, $325. (F. & D. no. 29379. I. S. nos. 23819, 23823, 23825, 45583, 
45584, 45586.)
This case was based on various interstate shipments of cottonseed meal, 
cake, and screenings. Examination of the articles showed that certain sacks 
in all lots were short weight, and that the product in two of the shipments 
contained less than 43 percent of protein, the declared protein content.
On February 9, 1933, the United States attorney for the Northern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against the Southland Cotton Oil Co., a corporation, 
Waxahachie, Tex., alleging shipment by said company, in violation of the Food 
and Drugs Act as amended, on or about October 7, October 21, October 
28, October 30, November 4, and November 5, 1931, from the State of 
Texas into the State of Kansas, of quantities of cottonseed meal, cake, and 
screenings that were misbranded. Portions of the articles were labeled in 
part: " 100 Lbs. Net Southland's Cottonseed Cake and Meal Prime Quality 
Guaranteed Analysis Crude Protein, not less than 43% * * * Made * * * 
By Southland Cotton Oil Co. * * * Paris, Texas." One lot was labeled: 
" Interstate Brand 43% Protein Cotton Seed Cake & Meal Prime Quality 
* * * 100 Pounds Net * * * Made For Interstate Feed Company Fort 
Worth, Texas."
It was alleged in the information that the articles were misbranded in that 
the statements, " 100 Lbs. Net" or " 100 Pounds Net ", borne on the labels, were 
false and misleading, and for the further reason that the articles were labeled 
so as to deceive and mislead the purchaser, since the statements represented 
that each of the sacks contained 100 pounds; whereas each of a number of 
sacks in all of the shipments contained less than 100 pounds. Misbranding 
was alleged 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 outside of the package, since the statement made was incorrect. Mis- 
branding was alleged with respect to two lots of the " Southland's Cottonseed 
Cake and Meal" for the further reason that the statement, " Guaranteed 
Analysis Crude Protein 43%," was false and misleading, and for the further 
reason that the article was labeled so as to deceive and mislead the purchaser, 
since the product in the said two lots contained less than 43 percent of protein. 
On May 20, 1933, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $325.
M. L. WILSON, Acting Secretary of Agriculture.