25955. Misbranding of tomatoes.     U. S. v. San Pat Vegetable Co.    Trial to court.
Judgment   of   guilty.    Fine,   $100.     (F.   &   D.   no.   35972.    Sample   no. 
33151-B.) 
This1 case involved an interstate shipment of tomatoes in lugs (crates), the 
quantity of the contents of which were less than that represented thereon.
On October 3, 1935,  the United States attorney for the  Southern District 
of Texas, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the San Pat Vegetable Co., a corporation, ^ 
Sinton, Tex., charging shipment by said corporation in violation of the Food 
and Drugs Act as amended, on or about May 27, 1935, from the State of Texas
into the State of Missouri, of a quantity of fresh tomatoes which were mis- 
branded. The article, contained in lugs (crates), was labeled: "Net Weight, 
Not Less Than 30 Lbs. When packed [design showing St. Patrick holding a 
church building in left hand and with staff in right hand chasing snakes into 
the sea] San Pat Brand Tomatoes [design showing one red, ripe tomato and 
one-half of a red, ripe tomato] Packed and shipped by San Pat Vegetable 
Co.   Sinton (San Patricio County) Texas."
The article was alleged to be misbranded in that the statement, "Net Weight 
Not Less Than 30 Lbs.", borne on the lugs, was false and misleading and in 
that by reason of said statement, the article was labeled so as to deceive and 
mislead the purchaser, since the statement represented that the lugs each con- 
tained 30 pounds net of the article; whereas, in fact, the lugs each contained 
less than 30 pounds net of the article. The article was alleged to be mis- 
branded further in that it 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 quantity of the contents was less than 30 pounds, the quantity 
stated on the package.
On April 28, 1936, a jury having been waived, the case came on for trial 
before the court, and upon a judgment of guilty, the court imposed a fine of 
$100.
M. L. WILSON, Acting Secretary of Agriculture.