10943.?Misbranding: of anchovies in. salt. IT. S. v. Salvatore Cerrito. Plea of guilty. Fine, $25. (F..& D. No. 15004. I. S. No. 10633-t.) On December 7, 1921, the United. States attorney for the Northern District? of California, acting upon a report by the Secretary of Agriculture, filed in the? District Court of the United States for said district an information against? Salvatore Cerrito, Monterey, Calif., alleging shipment by said defendant, in? violation of the Food and Drugs Act, as amended, on or about November 2, 1920,?from the State of California into the State of "Washington, of a quantity? of anchovies in salt which were misbranded. The article was labeled in part:? "Anchovies in Salt. * * * Merlino Brand Net Weight of Contents 4 Lbs.? Net * * *." Examination of a sample of the article by the Bureau of Chemistry of this? department showed that the average weight of 2 packages was 3 pounds, 2.85? ounces. Misbranding of the article was alleged in the information for the reason that? the statement, to wit, "Net Weight of Contents 4 Lbs. Net," borne on the cans? containing the article regarding the said article, was false and misleading in? that the said statement represented that each of the said cans contained not? less than 4 pounds net weight 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 not less than 4 pounds net weight of? the article, whereas, in truth and in fact, each of said cans did not contain 4? pounds net weight of the article but did contain a less amount. Misbranding? was alleged for the further reason that the article was food in package form, N.J. 10901-10950] SERVICE AND REGULATORY ANNOUNCEMENTS. 521 and the quantity of the contents was not plainly and conspicuously marked on? the outside of the package. On February 11, 1922, the defendant entered a plea of guilty to the informa?? tion, and the court imposed a fine of $25. C. W. PUGSLEY, Acting Secretary of Agriculture.