5118. Misbranding of griiig-et ale. U» S. * * * v. John H. Senlmeter 
<Noi*th.weste:ra Bottling1 Woi-ks). Plea ©£ guilty. Fine, §40. 
(F. & D. No. 8074.    I. S. No. 3315-m.)
On May 16, 1917, the United- States attorney for the District of Columbia, 
acting upon a report bj the Secretary of Agriculture, filed in the police court 
¦of said District an information against John 33. Schlueter, trading as the North- 
western Bottling Works, Washington, D. G., alleging the sale by said defendant 
at the District aforesaid, in violation of the Food and Drugs Act as amended 
on October 26, 1916, of a quantity of an article labeled in part: " Ginger 
Ale Bottled by Northwestern Bottling Works, 1601 Fifth St. N. W., Washing- 
ton, D. C," which was misbranded.
Analysis of samples of the article bj the Bureau of Chemistry of this depart- 
ment showed the following results:
Bottle 1 
7.64 fluid ounces,   4.5 per cent short.
Bottle 2 
6.86 fluid ounces, 14.2 per cent short.
Bottle 3 
6.83 fluid ounces, 14.6 per cent short.
The average shortage being 11.1 per cent.
Misbranding of the article was alleged in the information for the reason that 
the statement regarding the article, borne on the label, to wit, " Contains 8. Fid. 
Ozs.," was false and misleading in that it represented that the bottle contained 
8 fluid [ounces] of the article; and for the further reason that it was labeled as 
aforesaid so as to deceive and mislead the purchasers into the belief that said 
bottle contained 8 fluid ounces of the article, when, in truth and in fact, said 
bottle did not, but contained a less amount. Misbranding was alleged for the 
further reason that the article consisted of food in package form, and the 
quantity of the contents was not plainly and conspicuously marked on the 
outside of the package.
On May 16, 1917, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $40.
CARL VBOOMAJST, Acting Secretary of Agriculture.