1164. Misbranding of oxygen-carbon dioxide mixture. U. S. v. Stuart Oxygen
Co. Plea of nolo contendere. Fine, $300. (F. D. C. No. 10603. Sample
Nos. 13894-F, 14167-F, 39332-F.)
On December 16, 1943, the United States attorney for the Southern District of
California filed an information against the Stuart Oxygen Co., a corporation,
Los Angeles, Calif., alleging shipment of quantities of the above-named product
from the State of California into the State of Arizona on or about July 14, 1942,
and April 7 and May 11, 1943.
The article was alleged to be misbranded in that the statements appearing on
the labeling of one portion of the article, which represented and suggested that
it contained not less than 5 percent of carbon dioxide, and on the labeling of the
remainder, which represented and suggested that it contained not less than 10
percent of carbon dioxide, were false and misleading since the article contained,
in the case of the former, not more than 3^5 percent of carbon dioxide, and, in
the case of the latter, not more than 7.4 percent of carbon dioxide.
On February 14,1944, the defendant having entered a plea of nolo contendere,
the court imposed a fine of $100 on each of 3 counts.
*See also Nos. 1151-1153,1162.