12331. Misbranding-   of   candy.    U.   S.   v.   Ameen   Daher.    Plea   of   guilty.
Fine, $25.
f
(F. & D. No. 17702.    I. S. Nos. 2581-v, 2702-v, 2704-v.)
On November 20, 1923, the United States attorney for the District of New- 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
Ameen Daher, Atlantic City, N. J., alleging shipment by said defendant, in 
violation of the food and drugs act, as amended, in various consignments, 
namely, on or about November 21, 1922, and February 19 and March 14, 1923, 
respectively, from the State of New Jersey into the State of Pennsylvania, 
of quantities of candy which was misbranded. The article was labeled in 
part: "Daher's Salt Water Taffy One Pound Net 607 Boardwalk Atlantic 
City. N. J."
Examination by the Bureau of Chemistry of this department of 3 boxes taken 
from each of the consignments showed a variation in net weight from 14.95 
ounces to 15.88 ounces.
Misbranding of the article was alleged in the information for the reason 
that the statement, to wit, "One Pound Net," borne on the boxes containing 
the article, regarding the said article, was false and misleading in that the 
said statement represented that each of said boxes contained 1 pound net 
of candy, and for the further reason that it was labeled as aforesaid so as 
to deceive and mislead the purchaser into the belief that each of said boxes 
contained 1 pound net of candy, whereas, in truth and in fact, they did not, 
but each of said boxes contained 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 November 26, 1923, the defendant entered a plea of guilty to the in- 
formation, and the court imposed a fine of $25.
HOWARD M. GORE, Acting Secretary of Agriculture.