22383. Misbranding of canned red kidney beans, canned brown beans, 
canned black eyed peas, and canned baby lima bKans. U. S. v. 
Naples Platter Co. Plea of guilty. Fine, $50. (P. & D. no. 30318. 
Sample nos. 2238-A to 2241-A, incl.)
Samples taken from each of the shipments involved in this case were found 
to contain less than 16 ounces, the labeled weight.
On January 19, 1934, the United States attorney for the Northern District 
of Texas, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Waples Platter Co., a corporation, Fort 
Worth, Tex., trading at Farwell, Tex., alleging shipment by said company, in 
violation of the Food and Drugs Act, as amended, in various shipments on or 
about February 25, March 4, November 18 and December 16, 1931, from the 
State of Texas into the State of New Mexico, of quantities of canned goods 
that were misbranded. The articles were labeled in part: (Can) " Wapco Red 
Kidney Beans [or "Brown Beans", "Black Eyed Peas", or "Baby Lima 
Beans"]    Contents 16 Oz., Distributed by Waples Platter Company, Texas."
It was alleged in the information that the articles in each of a number of 
the cans were misbranded in that the statement " Contents 16 Oz:", borne on
the cans, was false and misleading, and for the further reason that they were 
labeled so as to deceive and mislead the purchaser, since a large number of the 
cans of each product contained less than 16 ounces. Misbranding was alleged 
for the further reason that the articles were food in package form and the 
quantity of the contents was not plainly and conspicuously marked on the 
outside of the packages, since the statement made was incorrect.
On May 21, 1934, a plea of guilty was entered on behalf of the defendant 
company, and the court imposed a fine of $50.
M. L. WILSON, Acting Secretary of Agriculture.