12205. Misbranding of canned shrimp. U. S. v. Soal S. Goffln. Plea of nolo contendere. Fine, $25 and costs. (F. & D. No. 17072. I. S. Noss. 5502-t, 13166-t.) On April 5, 1923, the United States attorney for the Southern District of Florida, acting upon a report by the Secretary of Agriculture, filed in the Dis- trict Court of the United States for said district an information against Soal S. Goffin, Jacksonville, Fla., alleging shipment by said defendant, in violation of the food and drugs act, as amended, on or about September 15, 1921, from the State of Florida into the States of Massachusetts and Maine of quantities of canned shrimp which was misbranded. The article was labeled in part: (Can) "St. Johns * * * Fresh Shrimp * * * The Smiling Brand * * * Packed By The Nassau Sound Packing Co. Jacksonville, Fla. S. C. Goffln, Proprietor Net Weight Wet Pack 5J Oz." Examination by the Bureau of Chemistry of this department showed that the average weight of 24 cans from one shipment was 5.35 ounces and that the average weight of 18 cans from the other shipment was 5.57 ounces. Misbranding of the article was. alleged in the information for the reason that the statement, to wit, " Net Weight * * * 5J Oz.," borne on the labels at- tached to the cans containing the said article, was false and misleading, in that it represented that each of said cans contained 5| ounces 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 said cans contained 5| ounces of the said article, whereas, in truth and in fact, each of said cans did not contain 5f ounces of the article but did contain a less amount. Misbrand- ing was alleged for the further reason that the article was food in package form and1 the quantity of the contents was not plainly and conspicuously marked on the outside of the package. On January 8, 1924,-the defendant entered a plea of guilty to the information, and the court imposed a fine of $25 and costs. HOWARD M. GORE, Acting Secretary of Agriculture.