11381.  Misbranding   of   grapes.     V.   S.   v.   California   Growers   ?fe   Shippers,?
Inc.,  a   Corporation.     Pleas   of  guilty.     Fine,  $102.     (F.   &  D.   Nos.
14357,  14519.    I. S. Nos. 7555-t,  10309-t.)
On April 25, 1921, the United States attorney for the Southern District of?
California, acting upon reports by the Secretary of Agriculture, filed in the?
District Court of the United States for said district informations against the?
California Growers & Shippers, Inc., a corporation, alleging shipment by said?
defendant, in violation of the Food and Drugs Act, as amended, in two con??
signments, namely, on or about July 17 and 21, 1920, from the State of Cali??
fornia into the States of Pennsylvania and Oregon, respectively, of quantities?
of grapes which were misbranded. The article was labeled in part: " Nation?
Bell Brand California's Famous Malaga Grapes Net Weight 26 Lbs. When?
packed    Packed By California Growers & Shippers Inc.    Fresno - California."
Examination by the Bureau of Chemistry of this department of a sample?
from each of the consignments showed in 40 crates of the consignment of July
198	
BUREAU   OF   CHEMISTRY.	
[Supplement 158,
37 an average weight of 23.6 pounds and in 24 crates of the shipment of July?
21 an average weight of 23.8 pounds.
Misbranding of the article was alleged in the informations for the reason?
that the statement, to wit, " Net Weight 26 Lbs.," borne on the crates contain??
ing the article, regarding the said article, was false and misleading in that it?
represented that the said crates each contained 26 pounds net weight of the?
article, and for the further reason that the article was labeled as aforesaid?
so as to deceive and mislead the purchaser into the belief that each of the?
said crates contained 26 pounds net weight of the article, whereas, in truth and?
in fact, each of said crates did not contain 26 pounds net weight of the article?
but did contain a less amount. 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 February 5, 1923, pleas of guilty to the informations were entered on?
behalf of the defendant company, and the court imposed fines in the aggregate?
amount of $102.
C. W. PUGSLEY, Acting Secretary of Agriculture.