25772. Misbranding of apple  butter.     IT.  S. v. Libby,  McNeill  & Libby, a cor¬
poration.     Plea of guilty.    Fine,  $50 and costs.     (F. & D.  no.  36997. 
Sample nos. 39346-B, 41286-B, 47739-B.)
This case involved shipments of apple butter that was short in weight.
On May 1, 1936, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against Libby, McNeill & Libby, a corporation, trading at 
Blue Island, Ill., alleging that between the dates of October 9 and December 2, 
1935, the said defendant had shipped in various shipments from the State of 
Illinois into the States of Michigan and Indiana, a number of jars in cases of 
apple butter, and that the article was misbranded in violation of the Food and 
Drugs Act. The article was labeled in part: "Libby's Apple Butter Caramelized 
Sugar Added Net Weight 1 Lb. 10 Oz. Packed By Libby, McNeill & Libby 
Chicago Made in U. S. A."
The article was alleged to be misbranded in that the statement "Net Weight 
1 Lb. 10 Oz." was false and misleading, and for the further reason that the 
article was labeled so as to deceive and mislead the purchaser, since each of a 
large number of jars examined contained less than declared on the label. Mis- 
branding 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 packages, since the statement made was incorrect.
On May 12,1936, a plea of guilty was entered on behalf of the defendant and 
the court imposed a fine of $50 and costs.
W. R. GREGG, Acting Secretary of Agriculture.