24252. Misbranding of apple butter.    U. S. v. Hnlman & Co    Plea of guilty.
Fine, ?50.     (F. & D. no. 33906.    Sample nos. 68613-A, 68614-A.)
This case was based on interstate shipments of apple butter which was 
found to be short weight.
On January 21, 1935, the United States attorney for the Southern District of 
Indiana, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court an information against Hulman & Co., a corporation, Terre Haute, 
Ind., alleging shipment by said company in violation of the Food and Drugs 
Act as amended, on or about February 10 and February 14, 1934, from the 
State of Indiana into the State of Illinois of quantities of apple butter Which 
was misbranded. A portion of the article was labeled: (Can) "Farmers Pride 
Brand   Contents 4 Lb. 6 Oz. Avd.    *    *   *   Pure Apple Butter   Hulman &
Co. .Manufacturers Terre Haute, Ind." The remainder was labeled: (Jar) 
"2 Lbs. Avd,   Crystal Brand Apple Butter Manufactured By Hulman & Co.
.Terre Haute, Ind." ,-:,.. 
-        ;    f-
'\ The¦;article was alleged to be misbranded in that the statements, "Con- 
tents^ Lb. 6 Oz. Avd." and " Net Contents' 4 libs. 6 Oz. Avdp". With respect to a 
portion of the product, and the statement, " 2 Lbs. Avd,", with respect to the 
remainder, borne on the can and jar labels, were raise and misleading and for 
the further reason that the article was labeled as aforesaid so as to deceive and 
mislead the purchaser since the cans and jars contained less than declared. 
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, packages,; since the statements made were 
incorrect. 
, 
On January 28,1935, 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.