23037. Misbranding of mayonnaise.    17. S. ~r. Vita-Foods, Inc.    Plea of nolo
contendere.     Fine, $50.     (F. & D. no. 32131.     Sample no.  39878-A.)
This case was based on a shipment of mayonnaise that contained added 
undeclared starch and that was also short weight.
On August 13, 1934, the United States attorney for the Southern District 
of Florida, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Vita-Foods, Inc., a corporation, Jackson- 
ville, Fla., alleging shipment by said company, in violation of the Food and 
Drugs Act as amended, on or about February 18, 1933, from the State of Florida 
into the State of Georgia, of a quantity of mayonnaise which was misbranded. 
The article was labeled in part: " Vita Food Brand Mayonnaise Vita-Foods, 
Inc., Jacksonville, Fla. 7 F. Oz."
The article was alleged to be misbranded in that the statements, " Mayonnaise 
* * * 7 F. Oz.", borne on the jar labels, were false and misleading, and 
in that it was labeled as aforesaid so as to deceive and mislead the purchaser, 
since the said statements represented that the article was mayonnaise and 
contained no substance that mayonnaise does not contain, and that the jars 
contained 7 fluid ounces of the article; whereas it contained starch, a substance 
which is not a component of mayonnaise, and the jars contained less than 7 
fluid ounces. 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 packages 
contained less than declared.
On October 5, 1934, a plea of nolo contendere was entered on behalf of the 
defendant company, and the court imposed a fine of $50.
M. L. WILSON, Acting Secretary of Agriculture.