11818. Misbi-andingr of Imtter.    U. S. v. Tennessee Creameries, a Corpora 
tion.     Plea of guilty.    Fine. $25 and costs.     (F. & D. No. 17125.    I. S. 
Nos. 3037-v, 3080-v, 3101-v, 10278-v, 8194-t, 8195-t.)
On May 22, 1923, the United States attorney for the Middle District of Ten- 
nessee, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district an information against the 
Tennessee Creameries, a corporation, Nashville, Tenn., alleging shipment by 
said company, in violation of the Food and Drugs Act, as amended, in various 
consignments, namely, on or about September 16, 1922, from the State of Ten- 
nessee into the State of Florida, and on or about May 16, August 31, September 
5, and September 12, 1922, respectively, from the State of Tennessee into the 
State of Georgia, of quantities of butter which was misbranded. A portion of 
the article was labeled in' part: " Pure Gold Brand Creamery Butter * * * 
One Pound Net." The remainder of the said article was labeled in part: 
" T C Pasteurized Creamery Butter One Pound Net Weight * * * Made By 
Tennessee Creameries   Nashville, Tenn."
Examination by the Bureau of Chemistry of this department of 80, 150, 90, 
100, 150, and 90 packages of the article from the various consignments showed 
an average net weight of 15.28, 15.34, 15.48, 15.59, 15.68, and 15.67 ounces, 
respectively.
Misbranding of the article was alleged in substance in the information for 
the reason that the statements, to wit, " One Pound Net," and " One Pound Net 
Weight," as the case might be, borne on the packages containing the article, 
regarding the said article, were false and misleading in that the said state- 
ments represented that each of the said packages contained 1 pound net of 
the 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 each of the 
said packages contained 1 pound net of the article, whereas, in truth and in 
fact, each of the said packages 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 conspicuously marked on the outside of the package.
On June 7, 1923, 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.
HOWARD M. GOEE, Acting Secretary of Agriculture.