19757. Misbranding of canned tomato sauce.    V. S. v. Walter M. Field &
Co., and Bayside Canning: Co.    Pleas of guilty.    "Walter M. Field 
&  Co.,  fined  $25.    Bayside  Canning:  Co.,  fined 950.     (F.  &  D.  No.
27505.    I. S. No. 12381.)
This action was based on the interstate shipment of a quantity of canned 
tomato sauce, samples of which were found to be short of the declared weight.
On February 15, 1932, 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 the district aforesaid an information 
against Walter M. Field & Co., a copartnership, San Francisco, Calif., and the 
Bayside Canning Co., a corporation, Also, Calif., alleging shipment by said 
defendants, in violation of the food and drugs act as amended, on or about 
January 13, 1931, from the State of California into the State of Washington, 
of a quantity of canned tomato sauce that was misbranded. The article was 
labeled in part; (Can) "Red and White Brand Concentrated Tomato Sauce 
*   *   *   Contents 8 Oz."
It was alleged in the information that the article was misbranded in that 
the statement " Contents 8 Oz.," borne on the can label, was false and mislead- 
ing, and for the further reason that the article was labeled as aforesaid so as 
to deceive and mislead the purchaser, since the cans did not contain 8 ounces 
of the article, but did contain a less 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, since the statement made was incorrect.
t 
On February 29, 1932, Walter M. Field entered a plea of guilty for the 
partner"ship, Walter M, Field & Co., and the court imposed a fine of $25 against 
the said partnership. On the same date a plea of guilty was entered on behalf 
of the defendant corporation, and the court imposed a fine of $50 against the 
corporation.
HHNBY A. WALLACE, Secretary of Agriculture.