11353.?Misbranding  ??  smoked  herring's.     V.  S. v.  F.  B.  Bootli  Co., a.  Cor?
poration.     Plea, of nolo contendere.     Fine, $100.     (F. & D. No. 1603 2.?
I.  S. No.  3389-t.)
On April 12, 1922, 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 the?
F. E. Booth Co., a corporation, Pittsburg, Calif., alleging shipment by said?
company, in violation of the Food and Drugs Act, as amended, on or about?
September 12, 1919, from the State of California into the State of Missouri, of?
a quantity of smoked herrings which were misbranded. The article was labeled?
in part: " Booth's Herrings Net Contents 15 Ozs. * * * General Offices San?
Francisco, Cal. U. S. A.   F. E. Booth Co."
Examination of a sample of the article by the Bureau of Chemistry of this?
department showed that the average net weight of 12 cans was 13.6 ounces.
Misbranding of the article was alleged in the information for the reason that?
the statement, to wit, " Net Contents 15 Ozs.," borne on the labels attached?
to the cans containing the said article, regarding the article, was false and?
misleading in that it represented that each of said cans contained 15 ounces net?
of the article, and for the further reason that the article was labeled as afore??
said so as to deceive and mislead the purchaser into the belief that each of the?
said cans contained 15 ounces net of the article, whereas, in truth and in fact,?
each of said cans did not contain 15 ounces 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 March 29, 1923, a plea of nolo contendere to the information was entered?
on behalf of the defendant company, and the court imposed a fine of $100.
C. W. PUGSLEY, Acting Secretary of Agriculture.