11832. Misbranding: of butter.    TJ. S. v. Nashville Pure Milk Co., a Corpora 
tion..     Plea  of  guilty to  first  count.     Fine,  $35  and  costs.     Judg- 
ment reserved on second count.     (F. & D. No. 17407.    I. S. No. 9535-t.)
On May 22,1923, the United States attorney for the Middle District of Tennes- 
see, 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 Nashville 
Pure Milk Co., a corporation, Nashville, Tenn., alleging shipment by said 
company, in violation of the Food and Drugs Act, as amended, on or about 
May 23, 1922, from the State of Tennessee into the State of Georgia, of a 
quantity of butter which was misbranded. The article was labeled in part: 
" Tru-li-Pure Butter Pasteurized * * * Made Only By Nashville Pure 
Milk Co. * * * Nashville, Tennessee * * * One Pound Net When 
Packed."
Examination by the Bureau of Chemistry of this department of 100 cartons, 
of the article showed an average net weight of 15.52 ounces.
Misbranding of the article was alleged in the first count of the information 
for the reason that the statement, to wit, " One Pound Net," borne on the 
packages containing the article, regarding the said article, was false and mis- 
leading in that it represented that each,of the said packages contained 1 pound 
net of the article, 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 said 
packages contained 1 pound net of the article, whereas, in truth and in fact, 
each of said packages did not contain 1 pound net of the said article but 
did contain a less amount. Misbranding was alleged in the second count of 
the information 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 first count of the information was 
entered on behalf of the defendant company, and the court imposed a fine 
of $25 and costs. Judgment was reserved on the second count involving the 
charge of failure to declare the quantity of the contents of the packages.
HOWARD M. GORE, Acting Secretary of Agriculture.