5242. Misbranding of horse meat.    U. S. v. Max Dubin  (alias John Doe).    Plea
of guilty. Fine, $250 and costs on each of counts 1 and 2; defendant 
placed on probation for 2 years on count 3. (F. D. C. No. 9628. Sample 
Nos. 19203-F, 19912-F.)
On May 11, 1943, the United States attorney for the District of Rhode Island 
filed an information against Max Dubin, alias John Doe, at Providence, R. I., 
alleging that within the period from on or about November 30 to December 17, 
1942, the defendant shipped, from, the State of Massachusetts into the State of 
Khode Island, a quantity of horse meat, and that when so shipped the article was 
labeled in'part: (Carton) "Hill Packing Company, Topeka, Kansas, U. S. A. 
Established in 1907 Net Weight 25 Pounds CHUNK HORSE MEAT Frozen S. 
3 B.   U. S. Inspected and passed by Department of Agriculture Est E-83."
The information alleged further that thereafter, and while the said horse meat 
was held for sale after shipment in interstate commerce, the defendant removed 
and caused to be removed all the printed or graphic matter borne on the said 
cartons with the exception of the statement "U. S. Inspected and passed by De- 
partment of Agriculture Est. E-83"; and that the acts of the defendant of re- 
moving and causing a part of the labels to be removed from the cartons resulted 
in the article being misbranded in the following respects: (1) In that it was 
food in package form and failed to bear a label containing the name and place 
of business of the manufacturer, packer, or distributor. (2) In that it was a food 
in package form and failed to .bear a label containing an accurate, statement of 
the quantity of the contents. And (3) in that its label failed to bear the com- 
mon or usual name of the food, horse meat.
On May 25, 1943, the defendant having entered a plea of guilty, the court im- 
posed a fine of $250 on each of counts 1 and 2, and placed the defendant on pro- 
bationfor 2 years on count 3;