12508.  Misbranding-   of   Imtter.    U.   S.   v.   O.   J.   Kennedy   and   John   Poole 
(Kennedy-Poole   Co.).    Plea   of   g-uilty.     B*ine,   $50.     (F.   &   D.   No.
17791.    I. S. No. 11269-v.)
On November 14, 1923, 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 
O. J. Kennedy and John Poole, copartners, trading as Kennedy-Poole Co., San 
Francisco, Calif., alleging that the said company had sold under a guarantee 
that the article would meet the requirements of the Federal food and drugs 
act a quantity of butter which was misbranded and that on or about May 8, 
1923, the said article, in the identical condition as when so sold, was delivered 
at San Francisco, Calif., for shipment from the State of California into the 
Territory of Hawaii, in further violation of said act. The article was labeled 
in part:    " One Pound Net Weight."
Examination of a sample consisting of 280 packages of the article by the 
Bureau of Chemistry of this department showed that the said packages con- 
tained an average of 15.8 ounces net of butter.
Misbranding of the article was alleged in the information for the reason 
that the statement, to wit, " One Pound Net Weight," borne on the cartons 
containing the article, was false and misleading in that the said statement 
represented that the cartons contained 1 pound net weight of butter, and for 
the further reason that it was labeled as aforesaid so as to deceive and mislead 
the purchaser into the belief that the said cartons contained 1 pound net weight 
of butter, whereas, in truth and in fact, they did not but did contain a le.^s 
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 April 26, 1924, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $50.
HOWARD M. GOEE, Secretary of Agriculture.