15507. Misbranding of canned tomatoes,     V. S. v. Ira D. Hinton and Bascoui
D. Thomas  (Hinton & Thomas),     Plea of guilty.     Fine, $25.     (F.  &
D. No. 22515.    I. S. Nos. 13584-x, 13585-x, 13593-x.)
On October 25, 1927, the United States attorney for the Eastern District of 
Virginia, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
Ira D. Hinton and Bascom D. Thomas, copartners, trading as Hinton & Thomas, 
Browns Store, Va., alleging shipment by said defendants, in violation of the 
food and drugs act as amended, in various consignments, on or about August 
25, September 24, and October 2, 1926, respectively, from the State of Virginia 
into the State of Florida, of quantities of canned tomatoes which were mis- 
branded. The article was labeled in part: (Cans) "Net Weight of Contents 
1 Pound .3 Ounces (or "2 Pounds")."
It was alleged in the information that the article was misbranded, in that 
the statements, to wit, " Net Weight of Contents 1 Pound 3 Ounces," and " Net 
Weight of Contents 2 Pounds," borne on the labels of the respective sized cans, 
were false and misleading in that the said statements represented that each of 
the said cans contained 1 pound and 3 ounces, or 2 pounds of the article, as the 
case might be, and for the further reason that it was labeled as aforesaid 
so as to deceive and mislead the purchaser into the belief that each of the cans 
contained 1 pound and 3 ounces, or 2 pounds, of the article, as the case might 
be, whereas the said cans did not contain the amount declared on the label, 
but each of a number of said cans contained less than so declared. 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, in that the amount declared was more than the 
actual contents of the package.
On November 16, 1927, the defendants entered pleas of guilty to the informa- 
tion, and the court imposed a fine of $25.
W. M. JARDINE, Secretary of Agriculture.