21388. Misbranding of grapes.     U.  S. v.  Milton P. Olson  (O.  G.  Olson Co.).
Plea  of nolo  contendere.     Fine, $10.     (F.  & D.  no.  30139.    I.S. no. 
39214.)
This case was based on an interstate shipment of grapes which were found 
to be short weight.
On May 16, 1933, the United States attorney for the Northern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Milton P. Olson, a member of a copartner- 
ship trading as O. G. Olson Co., Turlock, Calif., alleging shipment by said 
defendant in violation of the Food and Drugs Act as amended, on or about 
October 18, 1931, from the State of California to Chicago, Ill., of a quantity 
of Carignane grapes which were misbranded. The shipment was diverted 
from Chicago, Ill., to Uniontown, Pa. The article was labeled in part: 
(Lugs) "Bungalow Brand Products Nt. Wt. 24 lbs. O. G. Olson Co. Growers 
and Shippers   *    *    *   Turlock, Calif."
It was alleged in the information that the article was misbranded in that 
the statement " Nt. Wt. 24 lbs." was false and misleading, and for the reason 
that the article was labeled so as to deceive and mislead the purchaser, since 
the lugs contained less than 24 pounds.    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, since the statement made was incorrect.
On September 11, 1933, the defendant entered a plea of nolo contendere, and 
the court imposed a fine of $10.
M. L. WILSON, Acting Secretary of Agriculture.