11580. Adulteration and inisurandinjir of 1?niter. U. S. v. Soren Sorensen?
(Kimball Creamery). Plea of ?-uilty. Fine, $3. (F. & D. No. 16406.?
I.  S. No.  14112-t.)
On September 7, 1922, the United States attorney for the District of Nebraska,?
acting upon a report by the Secretary of Agriculture, filed in the District?
Court of the United States for said district an information against Soren?
Sorensen, trading as the Kimball Creamery, Kimball, Nebr., alleging shipment?
by said defendant, in violation of the Food and Drugs Act. as amended, on or?
about January 31, 1922, from the State of Nebraska into the State of Wyoming,?
of a quantity of butler which was adulterated and misbrauded. The article?
was   labeled   in   part:    "Pure   Creamery    *    :;'    "    Butter    Kimball   Brpnd
*?*    *    Kimball Creamery Kimball, Neb."
Analysis of a sample of the article by the Bureau of Chemistry of this?
department showed that it was high in moisture and low in butterfat. Ex??
amination by said bureau showed that the average weight of 30 prints was in 81?
ounces.
Adulteration ot the article was alleged in the information for the reason that?
a substance, to wit. water, had been mixed and packed tberew'th so ;s to lower,?
and reduce and injuriously affect its quality and strength and had been sub??
stituted in part for butter which the said article purported to be.
Misbranding was alleged for the reason that the statements, to wit, " Butter "?
and "One Pound Net," borne on the packages containing the article, regarding?
the said article and the ingredients and substances contained therein, were?
false and misleading in that the said statements represented that the article?
cons steil wholly of butter and that each of the said packages contained 1 pound?
net of the said article, and for the further reason that the article was labeled?
as aforesaid so as to deceive and mislead the purchaser into the belief that it?
consisted wholly of butter and that each of the said packages contained 1 pound?
net of the said article, whereas, in truth and in fact, it did not cons'st wholly?
of butter but did consist in part of excessive water, and each of the said pack??
ages did not contain 1 pound net 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 conspicu??
ously marked on the outside of the package.
On June .11, 1923, the defendant entered a plea of guilty to the information,?
and the court imposed a tine <"f $3.
HOWAKD M. GORI<\ Acting Secretary of Agriculture.
314	
BUREAU  OF  CHEMISTRY.	
[Supplement 162,.