24239. Adulteration  and misbranding of  cane  and  maple  sirup.    V.  S. v.
J. Stromeyer Co.     Plea of nolo contendere.    Judgment of guilty. 
Fine, S25.    (F. & D. no. 33820.    Sample nos. 58663-A, 58726-A.)
This case was based on an interstate shipment of sirup which was labeled as 
containing 15 percent of maple sirup, but which contained no maple sirup. Sam- 
ple cans taken from the shipment were found to contain less than one half pint, 
the declared volume.
On November 21, 1934, the United States attorney for tine Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the J. Stromeyer Co., Philadelphia, Pa., 
alleging shipment by said company in violation of the Food and Drugs Act as 
amended, on or about September 19, 1933, from the State of Pennsylvania into 
the State of New Jersey, of a quantity of alleged cane and maple sirup which was 
adulterated and misbranded. The article was labeled in part: " Walt Whitman 
Brand * * * Contents y2 Pint Composed of 85% Granulated Sugar Syrup and 
15% Pure Maple Syrup Cane and Maple Syrup Specially Packed for Camden 
Grocers Exchange   Camden, N.J."
The article was alleged to be adulterated in that a product containing no 
maple sirup had been substituted for the said article.
Misbranding was alleged for the reason that the statements, "Contents % 
Pint", "Maple Syrup", and "15% Pure Maple Syrup", borne on the labels, 
were false and misleading, and for the further reason that the article was labeled 
so as to deceive and mislead the purchaser, since the bottles contained less than 
one half pint and since the article contained no maple sirup. 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, since the statement made was incorrect.
On January 23, 1935, the defendant company entered a plea of nolo contendere, 
was adjudged guilty, and was sentenced to pay a fine of $25.
M. L. WILSON, Acting Secretary of Agriculture.