11560.?Misbranding of apples.     U.  S. v. John C. Losee.     Plea of nolo  con?
tendere.     Fine, $25.     (F. & D? No. 8971.    T. S. No. 3314-p.)
On October 1, 1918, the United States attorney for the District of Massachu??
setts, acting upon a report by the Secretary of Agriculture, filed in the District?
Court of the United States for said district an information against John C.?
Losee, Buckland, Mass., alleging shipment by said defendant, in violation of the?
Food and Drugs Act, on or about November 21, 1917, from the State of Massa??
chusetts into the State of New York, of a quantity of apples which were mis-?
branded. The article was labeled in part: " Standard Grade Min. Vol. 3 Bu.?
Baldwins Grown In Massachusetts Min. Size 1\ In. Packed By J. C. Losee,?
Buckland, Mass.   Packed Accordance Act Congress Approved Aug. 1912."
Examination of one barrel of the product by the Bureau of Chemistry of this?
department showed 48 quarts of undersized apples and 10 quarts of apples?
which were wormy and infested by the codling moth.
Misbranding of the article was alleged in the information for the reason that?
the statement, to wit, " Standard Grade * * * Baldwins * * * Min.?
Size 2J In.," borne on the barrels containing the article, regarding the said?
article, was false and misleading in that the said statement represented that?
the apples contained in the said barrels, were standard grade Baldwins of not?
less than 2? inches each, and for the further reason that the article was labeled?
as aforesaid so as to deceive and mislead the purchaser into the belief that the?
said apples were standard grade Baldwins of not less than 2i inches each,
N. J. 11551-11600.]   SERVICE AND REGULATORY ANNOUNCEMENTS.       305
whereas, in truth and in fact, the said apples were not standard grade Baldwins?
of not less than 2.\ inches each.
On December 8, 1922, the defendant entered a plea of nolo contendere to the?
information, and the court imposed a fine of $25.
HOWARD M. GORE, Acting Secretary of Agriculture.