7182. Misbranding of tomatoes. U. S. * * * v. "Wade H. Insley and 
Ed.vra.rd D. Mitcliell (Insley & Mitchell). Pleas of guilty. Fine, 
$30 and costs.    (F. & D. No. 9970.    I. S. Nos. 15191-p, 19227-p.)
On August 14, 1919, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district an information against Wade H. 
Insley and Edward D. Mitchell, a partnership, trading as Insley & Mitchell, 
Salisbury, Md., alleging shipment by said defendants, in violation of the Food 
and Drugs Act, as amended, on or about September 24, 1917, from the State 
of Maryland into the State of Iowa, of a quantity of an article, labeled in part 
" Green Hill Brand Tomatoes Packed by Insley & Mitchell Co., Salisbury, Md., 
Contents 6 pounds 7 ounces," which was misbranded.
Examination of samples of the article by the Bureau of Chemistry of this 
department showed the product to be short weight.
Misbranding of the article in each shipment was alleged in the information 
for the reason that the statement, to wit, "Contents 6 Pounds 7 Ounces," borne 
on the cans containing the article, regarding it and the ingredients and sub- 
stances contained therein, was false and misleading in that it represented that 
each of said cans contained 6 pounds and 7 ounces of the article, and for the 
further reason that it was labeled as aforesaid so as to deceive and mislead 
the purchaser into the belief that each of said cans contained 6 pounds and 7 
ounces of the article, whereas, in truth and in fact, each of said cans did not 
contain 6 pounds and 7 ounces of the article, but contained a less amount.   Mis-
branding of the article was alleged for the further reason that it was food 
in package form, and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the package.
On August 14, 1919, the defendants entered pleas of guilty to the informa- 
tion, and the court imposed a fine of $30 and costs.
E. D. BALL, Acting Secretary of Agriculture.