10354. Misbranding of Phoenix shortening. U. S. * * * "v. Phoenix 
Cotton Oil Co., a Corporation. Plea of guilty. Fine, $100 and 
costs.     (F. & D. No. 14309.    I. S. No. 275-t.)
On April 13, 1921, the United States attorney for the Western District >f 
Tennessee, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
the Phoenix Cotton Oil Co., a corporation, Memphis, Tenn., alleging shipment 
by said company, on or about April 3, 1920, in violation of the Food and Drugs 
Act, as amended, from the State of Tennessee into the State of Arkansas, of 
a quantity of Phoenix shortening which was misbranded. The article was 
labeled in part: "For All Cooking Phoenix The Ideal Shortening Memphis 
Tennessee   Nothing Just As Good   Net Weight 2 Lbs. "
An examination of 6 cans of the product by the Bureau of Chemistry 
of this department showed an average net shortage of 2.25 per cent.
Misbranding of the article was alleged in the -information for the reason 
that the statement, to wit, " Net Weight 2 Lbs., " borne on the labels attached 
to the cans containing the article, regarding the article, was false and mis- 
leading in that it represented that each of the said cans contained 2 pounds- 
net thereof, and for the further reason that the article was labeled as afore- 
said so as to deceive and mislead the purchaser into the belief that each of the* 
cans contained 2 pounds net of the article, whereas, in truth and in fact, each 
of the said cans did not contain 2 pounds net of the article but did contain ;u 
less amount. Misbranding was alleged for the further reason that the article.' 
was food in package form, and the quantity of the conteats was not plainly 
and conspicuously marked on the outside of the package.
On October 3, 1921, a plea of guilty to the information was entered on 
behalf of the defendant company, and the court imposed a fine of $100 and
costs.
C. W. PUGSLEY, Acting Secretary of Agriculture-