24202. Adulteration  and misbranding of grapefruit  juice.    U.  S.  v.  H.   C.
Sullivan (H. C. Sullivan Cannery).    Plea of nolo contendere.    Fine, 
$25.     (F. & D. no. 32145.    Sample no. 36199-A.)
This case was based on an interstate shipment of canned grapefruit juice 
which was found to contain added sugar and to be short volume.
On January 8, 1935, 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 H. C. Sullivan, trading as H. C. Sullivan 
Cannery, Frostproof, Fla., alleging shipment by said defendant in violation 
of the Food and Drugs Act as amended, on or about March 24, 1933, from the 
State of Florida into the State of Utah, of a quantity of canned grapefruit 
juice which was adulterated and misbranded. The article was labeled in part: 
" Scowcroft's Blue Pine Brand * * * Contents % Pint Packed Expressly 
For John Scowcroft & Sons Company Ogden, Utah."
The article was alleged to be adulterated in that grapefruit juice which 
contained added sugar had been substituted in whole or in part for grapefruit 
juice, which the article purported to be.
Misbranding was alleged for the reason that the statements, "grapefruit 
juice " and " Contents % Pint", were false and misleading, and for the further 
reason that the article was labeled so as to deceive and mislead the purchaser, 
since the said statements represented that the article consisted wholly of grape- 
fruit juice, and that the cans contained one half pint thereof; whereas it did not 
consist wholly of grapefruit juice, but consisted in part of added sugar, and 
each of the said cans contained less than one half pint. Misbranding was 
alleged for the further reason that the article was offered for sale and was 
sold under the distinctive name of another article, namely, grapefruit juice. 
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 conspicu- 
ously marked on the outside of the package.
On January 22, 1935, the defendant entered a plea of nolo contendere and 
the court imposed a fine of $25.
M. L. WILSON, Acting Secretary of Agriculture.