10439. Misbranding of crab meat.    V. S.     *     *     *     v. IVonnenbaeher & Co.,
Inc.    Plea   of   guilty.    Fine,   $50.     (F.   &   D.   No    15580.    I.   S.   No. 
6662-t.)
On March 23, 1922, the United States attorney for the Eastern- District of 
Virginia, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district an information against Non- 
nenbacher & Co., Inc., a corporation, Hampton, Va., alleging shipment by said 
company, on or about May 24, 1921, in violation of the Food and Drugs Act, as 
amended, from the State of Virginia into the State of New York, of a quantity 
of crab meat which was misbranded. The article was labeled, " Contents 1-Lb. 
Net."
Examination of 40 cans of the article by> the Bureau of Chemistry of this 
department showed an average weight of 15i ounces.
Misbranding of the article was alleged in the information for the reason that 
the statement, to wit, " Contents 1-Lb. Net," borne on the cans containing said 
article, regarding it, was false and misleading in that the said statement rep- 
resented that each of the cans contained 1 pound net of the article, and for the 
further reason that said article was labeled as aforesaid so as to deceive and 
mislead the purchaser into the belief that each of said cans contained 1 pound 
net of the article, whereas, in truth and in fact, each of said cans did not contain 
1 pound net of the 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 May 4, 1922, a plea of guilty to the information was entered on behalf of 
the defendant company, and the court imposed a fine of $50.
C. W. PTJGSLET, Acting Secretary of Agriculture.