27694. Adulteration of   canned  prunes   and misbranding of   canned  cherries.
IT. S. v. Paulus Bros. Packing Co.    Plea of guilty.    Fine, £500.    (F. & D.
No. 39735.    Sample Nos. 21846-C, 31135-C.)
These canned prunes were in whole or in part decomposed, and the canned 
cherries were short weight.
On June 17, 1937, the United States attorney for the District of Oregon, acting 
upon a report by the Secretary of Agriculture, filed in the district court an 
Information against Paulus Bros. Packing Co., a corporation, Salem, Oreg., 
alleging shipment by said company in violation of the Food and Drugs Act as 
amended, on or about October 3, 1936, from the State of Oregon into the State of 
Colorado of a quantity of canned prunes that were adulterated; and on or about 
October 20, 1986, from the State of Oregon into the State of New York of a 
quantity of canned cherries that were misbranded. The articles were labeled 
in part: (Prunes, can) "Jordan Brand Water Pack Italian Prunes * * * 
Packed for The J. S. Brown Mercantile Co. Denver—Colorado Springs"; (cher- 
ries, can) "Pitted Black Cherries De Luxe Brand * * * Packed for Geo. S. 
Daugherty Co. New York   Contents 7 lbs Or Over."
The prunes were alleged to be adulterated in that they consisted in whole and 
In part of a decomposed vegetable substance.
The cherries were alleged to be misbranded in that the statement "Contents 
7 Lbs. Or Over" was false and misleading and was borne on the label so as to 
deceive and mislead the purchaser, since the cans contained less than 7 pounds 
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.
On June 29,1937, a plea of guilty was entered on behalf of the defendant and 
the court imposed a fine of $500.
M. L. WILSON, Acting Secretary of Agriculture.