24712. Misbranding of beer.     XJ. S. v. Golden West Brewing Co.    Plea of guilty.
Fine, $50.     (F. & D. no. 33842.    Sample no. 60461-A.)
This case was based on an interstate shipment of beer which contained 
6.25 percent of alcohol, and which was misbranded because the case label bore 
the representation that the article contained not more than 4 percent of alcohol, 
and on the bottle the alcohol content was declared in proof spirits in a 
manner to create the impression that it contained 12% percent of alcohol.
On October 30, 1934, 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 the Golden West Brewing Co., a 
corporation, Oakland, Calif., alleging shipment by said company in violation of 
the Food and Drugs Act, on or about February 26, 1934, from the State of 
California into the State of Oregon of a quantity of beer which was misbranded. 
The article was labeled in part: (Case) "Golden Glow Beer * * * Does 
not contain more than 4.0 per centum of alcohol by volume"; (bottle) "Golden 
Glow Ale over 12%% alcohol american proof spirits * * * Golden West 
Brewing Co. Los Angeles—Oakland—San Francisco California."
The article was alleged to be misbranded in that the statement, "Does 
not contain more than 4.0 per centum of alcohol by volume", borne on the case, 
and the conspicuous isolated statement "12%%", together with the inconspicu- 
ous statement "over 12%% Alcohol American Proof Spirits", borne on the 
bottle label, were false and misleading, and for the further reason that the 
article was labeled so as to deceive and mislead the purchaser, in that the 
statement on the case represented that the article contained not more than 4 
percent of alcohol, and the statements on the bottle represented that the 
article contained at least 12% percent of alcohol; whereas it contained more 
than 4 percent of alcohol and contained less than 12% percent of alcohol.
On May 17, 1935, a plea of guilty was entered on behalf of the defendant 
company, and the court imposed a fine of $50.
W. R. GBEGG, Acting Secretary of Agriculture.