19005. Misbranding of sorghum sirup.   U. S. v. Charles H. Owen & Charles R.
Owen, a partnership, and Charles H. Owen and Charles R. Owen, in- 
dividuals. Plea of guilty to 2 counts by Charles H. Owen; fine of $200 
and sentence of 60 days in jail. Plea of guilty to 3 counts by Charles R. 
Owen; fine of $300 and sentence of 90 days in jail. Jail sentences sus- 
pended and both individual defendants placed on probation for 1 year. 
(F. D. C. No. 31268.   Sample Nos. 77956-K, 77957-K, 11472-L, 11475-L.)
INFORMATION FILED : November 24, 1951, Western District of Missouri, against 
Charles H. Owen & Charles R. Owen, a partnership, Joplin, Mo., and Charles H. 
Owen and Charles R. Owen, individuals.
INTERSTATE SHIPMENT : On or about November 9 and 28,1950, a number of cans 
of sirup labeled, in part, "New Crop Syrup A Sorghum Flavor Blend of Cane 
Sugar Syrup, Corn Syrup, Molasses and Sorghum Syrup," were transported 
and shipped in interstate commerce from Jefferson, Tex., to Joplin, Mo., by 
Charles R. Owen.
ALLEGED VIOLATION : On or about December 1, 1950, while the sirup was 
being held for sale after shipment in interstate commerce, the defendants 
removed and caused the removal of the labels from a portion of the cans and 
relabeled the cans, in part, "Sorghum Syrup Made of Cane Products Made 
For and Sold by C. H. Owen Joplin, Missouri," which acts resulted in the sirup 
in the relabeled cans being misbranded.
The information charged also that on or about February 5, 1951, the de- 
fendants shipped from the State of Missouri into the State of Tennessee a 
number of cans of sirup labeled, in part, "Pure Sorghum," which was mis- 
branded.
NATURE OF CHARGE: Misbranding, Section 403 (a), the statements "Pure Sor- 
ghum" and "Sorghum," borne on the labels, were false and misleading since the 
article was not sorghum; and, Section 403 (i) (2), the article was fabricated 
from two or more ingredients, and its label failed to bear the common or usual 
name of each such ingredient.
Further misbranding (portions), Section 403 (b), the article was offered 
for sale under the name of another food; and, Sections 403 (e) (1) and (2), the 
article was in package form and failed to bear a label containing the name and
place of business of the manufacturer, packer, or distributor, and an accurate 
statement of the quantity of the contents.
DISPOSITION : May 26, 1952. A plea of guilty having been entered by Charles 
H. Owen to counts 4 and 6 of the information charging the relabeling of the 
product after shipment in interstate commerce, the court imposed a fine of $200 
and a sentence of 60 days in jail. A plea of guilty having been entered also 
by Charles R. Owen to the same counts and to count 2 charging the interstate 
shipment of misbranded sirup, the court imposed a fine of $300 and a sentence 
of 90 days in jail. The jail sentences were suspended, however, and the de- 
fendants were placed on probation for 1 year. Counts 1, 3, and 5 of the in- 
formation were dismissed.