16514. Misbranding of canned cberries.     TJ. S. v. W. Ti. Claris Co.    I'lea of
guilty.    Fine, $25 and costs.     (F. & D. No. 23724.    I. S. No. 20276-x.)
On May 7, 1929, the United States attorney for the Western 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 W. N. 
Clark Co., a corporation, Rochester, N. Y., alleging shipment by said company, 
in violation of the food and drugs act as amended, on or about September 22, 
1927, from the State of New York into the State of Pennsylvania, of a quantity 
of canned cherries which were misbranded. The article was labeled in part: 
"Welfare Brand Contents 7 Lbs. 4 Oz. (picture of red cherries) - * * * 
Packed by W. N. Clark Co., Rochester, N. Y."
It was alleged in the information that the article was misbranded in that the 
statement, to wit, " 7 Lbs. 4 Oz.," borne on the cans containing the said article, 
was false and misleading in that the said statement represented that each of 
said cans contained 7 pounds and 4 ounces of the article, and for the further 
reason that it was labeled as aforesaid so as to deceive and mislead the pur- 
Chaser into the belief that each of said cans contained 7 pounds and 4 ounces of 
the article, whereas they did not contain 7 pounds and 4 ounces of the article, 
but did contain a less amount. 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.
On May 17, 1929, a plea of guilty to the information was entered on behalf of 
the defendant company, and the court imposed a fine of $25 and costs.
ARTHUR M. HYDE, Secretary of Agriculture.