22695. Misbranding of   peaches.    U.   S.   v.   William   Ogden   Brltt   (Brltt   etc
Son).    Plea  of  guilty.    Fine,  $50.       (F.  & D.  no.  31507.    Sample  no. 
39787-A.)
This case was based on a shipment of peaches which contained an excessive 
number of peaches below the minimum size declared on the label.
On May 10, 1934, the United States attorney for the Middle District of 
Georgia, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against William Ogden Britt, trading as Britt & 
Son, Thomaston, Ga., alleging shipment by said defendant, in violation of the 
Food and Drugs Act, on or about June 17, 1933, from the State of Georgia into 
the State of Massachusetts, of a quantity of peaches which were misbranded. 
A number of baskets of the article were labeled, " Early Bose 1% In. Min."; 
and the remainder were labeled, " Early Rose 1% In. Min."
It was alleged in the information that the article was misbranded in that . 
the statements, " 1-% In. Min." and " 1-% In. Min.", borne on the labels, were
false and misleading, and for the further reason that the article was labeled 
so as to deceive and mislead the purchaser, since the baskets labeled " 1-% In. 
Min." contained peaches of less than 1% inches minimum, and the baskets 
labeled, " 1% In. Min." contained peaches of less than 1% inches minimum. 
On June 26, 1934, the defendant entered a plea of guilty and the court im- 
posed a fine of $50.
M. L. WILSON, Acting Secretary of Agriculture.