6304. Adulteration and misbranding of pork and bKans. U. S. * * * v. 
Cliarles C. Macdonald (Elyria Canning Co.). Plea of nolo con- 
tendere. Fine, $135. (F. & D. No. 7748. I. S. Nos. 411-1, 413-1, 414-1, 
453-1, 3559-k, 3561-k, 3562-k, 4128-1, 4139-1, 4140-1.)
On January 18, 1917, the United States attorney for the Northern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district an information against Charles C. 
Macdonald, trading as the Elyria Canning Co., Elyria, Ohio, alleging shipment 
by said defendant, in violation of the Food and Drugs Act, on or about Feb- 
ruary 15, 1915, February 27, 1915, and March 4, 1915, from the State of Ohio 
into the State of New York, and on or about December 20, 1915, December 28, 
1915, January 3, 1916, February 23, 1916 (3 shipments), and April 11, 1916, 
from the State of Ohio into the State of Pennsylvania, of quantities of pork 
and beans, a part of which were adulterated and a part adulterated and mis- 
branded. The article was variously labeled in part: "Prairie Girl" (or "Cru- 
soe") (or "Napoleon") (or "Puritan") (or "Speedway") (or "Crystal") 
" Brand Pork and Beans With Tomato Sauce    *    *    *."
Analyses of samples of the article from each shipment by the Bureau of 
Chemistry of this department showed it to contain a large number of partly 
decomposed bKans.
Adulteration of the article in each shipment was alleged in the information 
for the reason that it consisted in whole or in part of decomposed vegetable 
matter.
Misbranding of the article in two of the shipments was alleged in substance 
for the reason that the statement, to wit, " Contents 2 Lbs. or over," borne on 
the label, regarding the article, was false and misleading in that it represented 
that each can contained not less than 2 pounds; and for the further reason 
that it was labeled as aforesaid so as to deceive and mislead the purchaser into 
the belief that each can contained not less than 2 pounds, whereas, in truth and 
in fact, it did not contain 2 pounds, but contained a less amount.
On March 22, 1917, the defendant entered a plea of nolo contendere to the 
information, and the court imposed a fine of $135 and costs.
It. A. PEARSON, Acting Secretary of Agriculture.