9686. Misbranding of   grapes.     U.   S.     *     *     *     v.   Charles   R.   Brewer.     Plea
of guilty.     Fine, $25.     (F. & D. No. 12315.     I. S. Nos. 13169-r, 17330-r.)
On June 29, 1920, the United States attorney for the Western District of New- 
York, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district an information against Charles R. 
Brewer, Starkey, N. Y.,- alleging shipment by said defendant, on or about Oc- 
tober 3, 1919, in violation of the Food and Drugs Act, as amended, from the 
State of New York into the State of Massachusetts and the District of Columbia, 
respectively, of quantities of grapes which were misbranded.
Examination of the consignments by the Bureau of Chemistry of this depart- 
ment showed an average content of 2 pounds 9 ounces on 32 baskets taken from 
the shipment to Massachusetts and of 2 pounds 13 ounces on 121 baskets taken 
from the shipment to the District of Columbia.
Misbranding of the article was alleged in the information for the reason that 
the statement, to wit, " Net Weight 3 Lbs.," borne on the labels attached to 
the baskets containing the article, regarding the article, was false and mislead- 
ing in that it represented that each of the said baskets contained 3 pounds net 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 the baskets con- 
tained 3 pounds net of the article, whereas, in truth and in fact, each of the said 
baskets did not contain 3 pounds net of the said article but did contain a less 
amount. 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.
On July 12, 1920, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $25.
C. W. PUGSLEY, Acting Secretary of Agriculture.