12761. Misbranding of milk chocolate feisses.     V.  S.  v.  Fleetwood Choco 
late  Co., a  Corporation.     Plea  of guilty.     Fine, $50.     (F.  & D.  No.
18093.    I. S. Nos. 415-v, 416-v.)
On May 19, 1924, the United States attorney for the Eastern District of 
Pennsylvania, 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 Fleetwood Chocolate Co., a corporation, trading at Fleetwood, Pa., alleg- 
ing shipment by said company, in violation of the food and drugs act as 
amended, in two consignments, namely, on or about March 7 and March 20, 
1923, respectively, from the State of Pennsylvania into the State of New York, 
of quantities of milk chocolate kisses which were misbranded. The article 
was labeled in part: "Fleetwood Milk Made * * * Chocolate Kisses 
*    *    *   5 Pounds Net Weight" (or "2% Lbs. Net Weight").
Examination by the Bureau of Chemistry of this department of samples 
from boxes of each size showed that the average net weight of 20 of the
alleged 5-pound, boxes was 4 pounds 10.6 ounces and that the average net 
weight of 12 of the alleged 2%-pound boxes was 2 pounds 5.6 ounces.
Misbranding of the article was alleged in the information for the reason 
that the statements "5 Pounds Net Weight" and "2% Lbs. Net Weight," 
borne on the respective sized boxes containing the said article, were false 
and misleading in that the said statements represented that the boxes con- 
tained 5 pounds, or 2% pounds, as the case might be, of the article, and for 
the further reason that it was labeled as aforesaid so as to deceive and mis- 
lead the purchaser into the belief that the boxes contained 5 pounds, or 2% 
pounds, as the case might be, of the article, whereas, in truth and in fact, 
the said boxes contained less than the amounts declared on the respective 
boxes. Misbranding was alleged for the further reason that the article was 
food in package form and the quantity of the contents1 was not plainly and 
conspicuously marked on the outside of the packages.
On October 3, 1924, a plea of guilty to the information was entered on be- 
half of the defendant company, and the court imposed a fine of $50.
HOWARD M. GOEE, Secretary of Agriculture.