24804. Misbranding1 of canned boneless cblcken.     U.  S. v. Elmwood Farm Co.
Plea of nolo contendere.    Fine, $10.    (F. & D. no. 32163.    Sample no. 
55507-A.)
This case was based on an interstate shipment of canned boneless chicken 
which was short weight.
On August 11, 1934, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Elmwood Farm Co., a corporation, 
North Leominster, Mass., alleging shipment by said company in violation of 
the Food and Drugs Act as amended, on or about June 1, 1933, from the State 
of Massachusetts into the State of Pennsylvania of a quantity of canned bone- 
less chicken which was misbranded. The article was labeled in part: (Jar) 
"Elmwood Farm Boneless Chicken Net Weight 11 Oz. Packed by Elmwood 
Farm Co.   North Leominster, Mass."
The article was alleged to be misbranded in that the statement on the jar 
label, "Net Weight 11 Oz.", was false and misleading, and for the further rea- 
son that it was labeled so as to deceive and mislead the purchaser, since the 
jars did not each contain 11 ounces of the article but did contain less than 11 
ounces. 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 was 
incorrect, some of the packages containing not more than 9.84 ounces and the 
average net weight of all packages examined being not more than 10.18 ounces.
On July 15, 1935, a plea of nolo contendere was entered on behalf of the 
defendant company and the court imposed a fine of $10.
W. R. GBEGG, Acting Secretary of Agriculture.