14010. Adulteration and misbranding of apples. U. S. v. Milton H. Pugsley 
(M. H. Pugsley).    Plea of guilty.    Fine, $25 and costs.     (F. & I>. No.
19592.    I. S. No. 19226-V.)
On May 12, 1925, the United States attorney for the Western District of 
Michigan, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
Milton H. Pugsley, trading as M. H. Pugsley, Paw Paw, Mich., alleging ship- 
ment by said defendant, in violation of the food and drugs act as amended, 
on or about August 25, 1924, from the State of Michigan into the State of 
Illinois, of a quantity of apples which were adulterated and misbranded. 
The article was labeled in part: (Basket) "No. 1 Duchess 2% Inch Min. 
*   *   *   From M. H. Pugsley, Paw Paw, Mich."
Adulteration of the article was alleged in the information for the reason 
that apples of less than 2~y2 inches minimum diameter and of a lower grade 
than U. S. Grade No. 1 had been substituted for U. S. Grade No. 1, 2y2 inches 
minimum diameter apples, which the said article purported to be.
Misbranding was alleged for the reason that the statement, to wit, "No. 1 
Duchess 2% Inch Min.," borne on the labels, was false and misleading, in 
that the said statement represented that the baskets contained apples con- 
forming to U. S. Grade No. 1 and of a minimum size of not less1 than 2% 
inches in diameter, and for the further reason that the article was labeled 
as aforesaid so as to deceive and mislead the purchaser into the belief that 
it conformed to U. S. Grade No. 1 apples, of a minimum size of not less than 
2% inches in diameter, whereas the article did not conform to U. S. Grade 
No. 1 apples, of a minimum size of not less than 2y2 inches in diameter but 
iid contain apples of a lower grade than U. S. Grade No. 1 and less than 
2% inches in diameter. 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 November 6, 1925, the defendant entered a plea of guilty to the informa- 
tion, and the court imposed a fine of $25 and costs.
B. W. DTTNLAP, Acting Secretary of Agriculture.