14332. Adulteration    and    misbranding    of   apples.      U.    S.    v.   Joseph    E.
Almeder    (Alnieder,   Barnes    &    Co.).     Plea    of    nolo    contendere. 
Case placed on file.     (F. & D. No. 19247.    I. S. No. 10545-v.)
On January 7, 1925, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
Joseph B. Almeder, trading as Almeder, Barnes & Co., Boston, Mass., alleging 
shipment by said defendant, in violation of the food and drugs act, on or about 
October 1, 1923, from the State of Massachusetts into the State of Maine, 
of a quantity of apples which were adulterated and misbranded. The article 
was labeled in part: " Massachusetts Standard Fancy Grade Min. Size 2-3/4 
Inches    *    *    *    Packed By Almeder Eames & Co., Boston, Mass."
Adulteration of the article was alleged in the information for the reason 
that apples of a lower grade than Massachusetts standard fancy grade apples 
and less than 2% inches in diameter each had been substituted in part for 
Massachusetts standard fancy grade apples of not less than 2% inches in diam- 
eter each, which the said article purported to be.
Misbranding was alleged for the reason that the statement, to wit, " Massa- 
chusetts Standard Fancy Grade Min. Size 2-3/4 Inches," borne on the barrels 
containing the article, was false and misleading, in that the said statement 
represented that the said apples were Massachusetts standard fancy grade 
apples of not less than 2% inches in diameter each, and for the further reason 
that the apples were labeled as aforesaid so as to deceive and mislead the 
purchaser into the belief that they were Massachusetts standard fancy grade 
apples of not less than 2% inches in diameter each, whereas they were of lower 
grade than represented and less than 2% inches in diameter each. Misbranding 
was alleged for the further reason that the article was offered for sale and 
sold under the distinctive name of another article.
On May 20, 1926, the defendant entered a plea of nolo contendere to the 
information, and the court ordered the case placed on file.
W. M. JAKDINE, Secretary of Agriculture.