28935. Adulteration  and misbranding of  honey;   Misbranding of  preserves. 
V.  S.   v.   George  W.   Bagwell.     Plea  of   nolo  contendere.    Fine,   $150.
(F. & D. No. 40754.   Sample Nos. 15747-C to 15750-C, incl., 43601-C, 43615-C, 
43616-C.)
Both products were short weight, and the honey was adulterated with glucose.
On January 29, 1938, the United States attorney for the Eastern District of 
Tennessee, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against George W. Bagwell, trading at Chatta- 
nooga, Tenn., alleging shipment by th<* said defendant in violation of the Food 
and Drugs Act as amended, on various dates between May 13 and August 7, 1937, 
from the State of Tennessee into the State of Georgia of quantities of honey 
which was adulterated and misbranded, and preserves which were misbranded. 
The articles were labeled in part: "G-W Brand Preserves [or "Honey"] * * * 
Packed by G. W. Bagwell, Chattanooga, Tenn."
The honey was alleged to be adulterated in that a product composed in part 
of glucose had been substituted for honey, which it purported to be.
Both products were alleged to be misbranded in that the statements, "Honey" 
and "Net Wt. 4% Lbs." or "Net Wt. 2 lbs." on the labels of the honey, and "Net 
Wt 16 Ozs." on the label of the preserves, were false and misleading and were
borne on the labels so as to deceive and mislead the purchaser since the product 
labeled "Honey" did not consist wholly of honey but did consist in part of glucose, 
and the cans contained less than 4% pounds or 2 pounds; and the jars containing 
the preserves contained less than 16 ounces thereof; and in that the articles 
were food in package form and the quantity of the contents was not plainly and 
conspicuously marked on the outside of the packages. The honey was alleged 
to be misbranded further in that it was composed in part of glucose, prepared 
in imitation of honey, and was offered for sale and sold under the distinctive 
name of another article, honey.
On April 26, 1938, a plea of nolo contendere having been entered by the 
defendant, the court imposed a fine of $150.
M. L. WILSON, Acting Secretary of Agriculture.