26533. Misbranding of honey. U. S. v. Levi E. Rogrers. Plea of nolo contendere. 
Fine, $25. (F. & D. no. 37003. Sample nos. 42519-B, 42552-rB to 42555-B, 
lnel., 50427-B, 50428-B, 50429-B.)
This case involved a shipment of honey that was short in weight.
On September 15, 1936, the United States attorney for the Northern District 
of New "York, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Levi E. Rogers, Binghamton, N. Y., alleg- 
ing shipment by said defendant in violation of the Food and Drugs Act on or 
about June 20, September 27, October 9, and October 28, 1935, from the State 
of New York into the State of Pennsylvania of a number of jars and pails 
of honey that was misbranded. The article was labeled: "12 Ozs. [or "7% Ozs.'*, 
"21 Ozs.", or "5 Lbs."] Net Wt. Pure Honey Put up By L. E. Rogers, 
Binghamton, N. Y."
The article was alleged to be misbranded in that the statements on the Jars 
and pails containing the article, "12 Ozs. Net Wt", 7y2 Ozs. Net Wt", "21 
Ozs. Net Wt", and "5 Lbs. Net Wt", were false and misleading since the 
jars and pails did not contain the amount declared on the label, but did 
contain a lesser amount 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.
On September 15, 1936, the defendant entered a plea of nolo contendere; and 
on September 18, 1936, the court imposed a fine of $25.
M. L. WILSON, Acting Secretary of Agriculture.