23949. Misbranding of boney.     IT.  S. v.  Preserves & Honey.  Inc.    Plea  of
guilty.    Fine, 830.     (F. & D. no. 33792.    Sample no. 66981-A.)
Sample jars of honey taken from the shipment involved in this ease were 
found to contain less than 8 ounces, the weight declared on the label.
On November 20, 1934, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Preserves & Honey, Inc., trading at New 
York, N. Y., alleging shipment by said company in violation of the Food and 
Drugs Act as amended, on or about August 15, 1933, from the State of New 
York into the State of New Jersey, of a quantity of honey which was mis- 
branded. The article was labeled in part: " H & H Pure Honey 8 Ounces 
net wt.   Preserves & Honey, Inc. New York."
The article was alleged to be misbranded in that the statement "8 ounces 
net wt", borne on the jar label, was false and misleading, and for the further 
reason that it was labeled so as to deceive and mislead the purchaser, since 
the jar contained less than 8 ounces of the article. 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
On November 22,1934, a plea of guilty was entered on behalf of the defendant 
company, and the court imposed a fine of $30.
M. L. WILSON, Acting Secretary of Agriculture.
This case was based on an interstate shipment of a product which was repre- 
sented to be canned pitted cherries. Examination showed that it fell below 
the standard established by this Department, because of the presence of 
excessive pits, and that it was not labeled to indicate it was substandard.
On December 3, 1934, the United States attorney for the District of Utah, 
acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against Henry D. Olson, trading as H. D. Olson, Ogden, 
Utah, alleging shipment by said defendant in violation of the Food and Drugs 
Act as amended, on or about September 23, 1933, from the State of Utah into 
the State of Idaho, of a quantity of canned' cherries which were misbranded. 
The article was labeled in part: "Red Sour Pitted Cherries * * * Dis- 
tributed by H. D. Olson Ogden Utah."
The article was alleged to be misbranded in that it was canned food and 
fell below the standard of quality and condition promulgated by the Secretary 
of Agriculture, and its package or label did not bear a plain and conspicuous 
statement prescribed by regulation of this Department, indicating that it fell 
below such standard, namely, "Below U. S. Standard", and did not bear 
the special statement required by such standard for canned pitted cherries 
containing excessive pits, namely, " Partially Pitted Cherries."
On December 3,1934, the defendant entered a plea of guilty and on December 
7, 1934, a fine of $25 was imposed.
M. Lu WILSON, Acting Secretary of Agriculture.