24201. Misbranding of   sirup.    TJ.   S.   v.   James   T.   Mary.    Plea   of   guilty.
Defendant   placed   on   probation.     (F.   &  D.   no.   32139.    Sample   nos. 
46525-A, 46526-A, 46527-A.)
Sample cans of sirup taken from the shipments involved in this case were 
found to contain less than 3 quarts 8 fluid ounces, the volume declared on the 
label.
On July 9, 1934, the United States attorney for the Western District of 
Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against James T. Mary, Lafayette, La., alleging 
shipment by said defendant in violation of the Food and Drugs Act as amended, 
on or about April 24, April 26, and June 22, 1933, from the State of Louisiana 
into the State of Texas of quantities of sirup which was misbranded. A 
portion of the article was labeled: " Contains 3 Quarts—8 F. Ozs. Larrapin 
Brand Syrup * * * Packed for Gordon, Sewall & Co., Inc. Houston, Texas. 
Distributors." The remainder of the article was labeled: " Old Mary's Brand 
Louisiana Pure Cane Syrup * * * 3 Qts., 8 Fid. Ozs. James T. Mary 
*   *   *   Lafayette, La."
The article was alleged to be misbranded in that the statements, " Contains 
3 Quarts—8 F. Ozs." and " 3 Qts., 8 Fid. Oz.", borne on the labels, were false 
and misleading, and for the further reason that it was labeled so as to deceive 
and mislead the purchaser, since the cans did not contain 3 quarts 8 fluid 
ounces, 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 January 8, 1935, a plea of guilty was entered and the court placed the 
defendant on probation for five years.
M. L. WILSON, Acting Secretary of Agriculture.