11607.?Misbranding: of tomato paste.    IT. S. v. John S. Mitchell, Inc., a Cor?
poration.    Plea of g-uilty.    Fine, $200 and costs.     (F. & D. No. 17412.?
J. g. No. 3920-v.)
At the May, 1923, term of the United States District Court, within and for?
the District of Indiana, the grand jurors of the United States for said district,
328	
BUEEAU  OF  CHEMISTRY.	
[Supplement 163,
acting upon a report by the Secretary of Agriculture, upon presentment by?
the United States attorney for the said district, returned in the district court?
aforesaid an indictment in two counts against John S. Mitchell, Inc., a corpora??
tion, Windfall, Ind., charging shipment by said company, in violation of the?
Food and Drugs Act, as amended, on or about September 28, 1922, from the?
State of Indiana into the State of Illinois, of a quantity of tomato paste which?
was misbranded. The article was labeled in part: (Cans) "Concentrated?
Tomato Concentrato Di Pomidoro Trade Mark Liberty Bell * * * Con??
tents 12-Oz. Net."
Examination of a sample of the article by the Bureau of Chemistry of this?
department showed that the average net weight of 72 cans was 11.43 ounces.
Misbranding of the article was alleged in the indictment for the reason that?
the statement, to wit, " 12-Oz. Net," borne on the cans containing the article,?
was false and misleading in that it represented that each of the said cans?
contained not less than 12 ounces net of the article, and for the further reason?
that the article was labeled as aforesaid so as to deceive and mislead the pur??
chaser into the belief that each of the said cans contained not less than 12?
ounces thereof, whereas, in truth and in fact, each of said cans did contain?
less than 12 ounces net of the said article. 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 May 29, 1923, a plea of guilty to the indictment was entered on behalf of?
the defendant company, and the court imposed a fine of $200 and costs.
HOWARD M. GORE, Acting Secretary of Agriculture.