12036. Adulteration   and   misbranding?   of   cottonseed   meal.    V.   S.   v.   54
Sacks of Alleged Cottonseed Meal. Default decree of condemna- 
tion, forfeiture, and destruction. (F. & D. No. 17873. I. S. No. 
9003-v.    S. No. E-4513.)
On October 26, 1923, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying the seizure 
and condemnation of 54 sacks of alleged cottonseed meal, at Taunton, Mass., 
alleging that the article had been shipped by the Lancaster Cotton Oil Co., 
Lancaster, S. C, on or about July 20, 1923, and transported from the State of 
South Carolina into the State of Massachusetts, and charging adulteration in 
violation of the Food and Drugs Act. The article was labeled in part: " Prime 
Cotton Seed Meal Guaranteed Analysis Not Less Than Protein, not less than 
(Equivalent to 8% ammonia) 41.00%    *    *    *    Nitrogen, not less than 6.58%
* *    *   Made from Cotton Seed."
Adulteration of the article was alleged in the libel for the reason that a sub- 
stance low in protein (ammonia-nitrogen) had been mixed and packed there- 
with so as to reduce and lower and injuriously affect its quality and strength 
and had been substituted in whole and in part for cottonseed meal, which the 
said article purported to be.
Misbranding was alleged in substance for the reason that the article was 
labeled, " Prime Cotton Seed Meal Guaranteed Analysis Not Less Than - Pro- 
tein, not less than  (Equivalent to 8% ammonia)  41.00%    *    *    *    Nitrogen,
not less than 6.58%," which statements were false and misleading and de- 
ceived and misled the purchaser in that they represented to purchasers that 
the article was cottonseed meal containing not less than 41 per cent of protein, 
equivalent to 8 per cent of ammonia, and not less than 6.58 per cent of nitrogen, 
whereas, in truth and in fact, it was a product containing less than 41 per 
cent of protein, equivalent to less than 8 per cent of ammonia, and contained 
less than 6.58 per cent of nitrogen. Misbranding was alleged for the further 
reason that the article was offered for sale under the distinctive name of an- 
other article, to wit, cottonseed meal.
On December 17, 1923, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
0. F. MARVIN, Acting Secretary of Agriculture.