7154. Misbranding of evaporated millc.    U. S.    *    *    *   v. John Wildi Evap 
orated Millc Co., a corporation.    Plea of guilty.    Fine, $30.     (F. & D.
No. 9754.    I. S. No. 6462-p.)
On July 25, 1919, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
the John Wildi Evaporated Milk Co., a corporation, doing business at New 
York, N. Y., alleging shipment by said company, in violation of the Food and 
Drugs Act, as amended, on May 18, 1918, from the State of New York into the 
Territory of Porto Rico, of a quantity of an article, labeled in part " Everyday 
Brand Evaporated Milk, Weight of Contents 6 oz. Avoirdupois * * * The 
John Wildi Evaporated Milk Co.    *    *    *," which was misbranded.
Examination of a sample of the article by the Bureau of Chemistry of this 
department showed the following results:
Average net weight of 36 cans (ounces) 
5.45
Number of cans over 6 ounces net 
-   1
Number of cans under 6 ounces net 
35
Misbranding of the article was alleged in the information for the reason 
that the statement, to wit, " Weight of Contents 6 oz. Avoirdupois," borne on 
the labels attached to the cans containing the article, regarding it, was false 
and-'misleading in that it represented that the contents of each, of said cans 
weighed 6 ounces of the article, and for the further reason that it was labeled 
as aforesaid so as to deceive and mislead the purchaser into the belief that 
the contents of each of said cans weighed 6 ounces of the article, whereas, in 
truth and in fact, the contents of each of said cans did not weigh 6 ounces 
of the article, but weighed a less amount. Misbranding of the article was 
alleged for the further reason 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.
On December 16, 1919, the defendant company entered a plea of guilty to 
the information, and the court imposed a fine of $30.
E. D. .BALL, Acting Secretary of Agriculture.