20204. Misbranding1 of prepared mustard and cider vinegar.    U.S. v. BenjaĴ
min W.  Kaplan (National Grocers  Sundries  Co.).    Plea  of guilty. 
Fine, $50.    (F. & D. no. 27504.    I.S. nos. 25016, 25460.)
This action was based on the shipment of a quantity of prepared mustard 
and cider vinegar, samples of each of which were found to be short of the 
declared weight.
On February 27, 1932, the United States attorney for the Eastern District of 
Missouri, 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 Benjamin W. Kaplan, trading as National Grocers Sundries Co., St. 
Louis, Mo., alleging shipment by said defendant, in violation of the Food and 
Drugs Act, in part on or about March 11 and May 1, 1931, from the State of 
Missouri into the State of Illinois, of quantities of prepared mustard and of 
cider vinegar, respectively, which were misbranded. The articles were labeled 
in part: (Jars) "Watermill Brand Pure Prepared Mustard Net Contents 15 
Oz. Packed for Hy. Borgsmiller & Sons Murphysboro, Ill."; (bottles) " Jockey 
Club Brand Net Wt. 13 Oz. Reduced Cider Vinegar * * * Packed by Na- 
tional Gro. Sunny. Co. St. Louis, Mo."
It was alleged in the information that the articles were misbranded in that 
the statements, "Net Contents 15 Oz.", and "Net Wt. 13 Oz.", borne on the 
respective labels, were false and misleading, and for the further reason that 
the articles were labeled as aforesaid so as to deceive and mislead the pur- 
chaser, since the jars and bottles contained less than represented.
On October 27, 1932, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $50.
R. G. TTTGWELL, Acting Secretary of Agriculture.