13601. Misbranding   of   cabbages.     U.   S.   v.   Snyder   Packing  Co.     Plea, of
guilty.    Fine, $200.     (F. & D. No. 18352.    I. S. No. 3960-v.) :      .        ,'    ,
On October 29, 1924, the United States attorney for the Southern, 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 Snyder Packing Co., a corporation, Calexico, Calif., alleging^ shipment by 
said company, in violation of the food and drugs act as amended, on or ^fout 
April 9, 1923, from the State of California into the State of Illj|iioi'Sj ,,'<)? #' 
quantity of cabbages in crates which were niisbranded. . A portion, wa^. inarmed 
with blue pencil "80," and the remainder was marked with blue .pencil "85,", 
and in no other manner. 
.,     .   , 
,,.
" '..
Examination by the Bureau of Chemistry of this department of ,16, of, ,the 
alleged 80-pound crates showed an average weight of 64.4 pounds;.,examination 
of 14 of the alleged, 85-pound crates, showed an average weight of 67.1 pounds.
Misbranding of the article was alleged in the information for the reason 
that the respective statements, to wit, ";8.Q " and "85," borne,on.,the crates, 
containing the article, were false and misleading, in that the: said* statements 
represented that the crates each contained 80 pounds or 85 pounds*of the article, 
as the case might be, and for the further reason that it was labeled as afore- 
said so as to deceive and mislead the purchaser into the belief that the crates 
each contained 80 pounds or 85 pounds of the article, as the case might1'be, 
whereas the said crates did not contain the respective amounts" declared, 
thereon but did contain less amounts. Misbranding was alleged for the fur- 
ther 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 June.24, 1925, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $200.
R. W. DUNLAP, Acting Secretary of Agriculture,.