11844.   Misbranding of buttei*.     U. S. v. Maury County Cooperative  Cream- 
ery Assoe.i  a  Corporation.     Plea  of  guilty.     Fine,  $50  and  costs.
(F. & D. No. 16953.    I. S. Nos. 3019-v, 3024-v, 8197-t.)
On May 22, 1923, the United States attorney for the Middle District of 
Tennessee, 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 Maury County Cooperative Creamery Assoc, a corporation, Columbia, Tenn., 
alleging shipment by said company, in violation of the Food and Drugs Act, 
as amended, in various consignments, namely, on or about May 23, August 22, 
and August 29, 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: "Maury County Maid Fancy Creamery Butter 
Maury County Co-op. Cry. Assn. Columbia, Tennessee One Pound * * * 
Net Weight."    The remainder of the said article was unlabeled.
Examination by the Bureau of Chemistry of this department of 150, 100, 
and 105 packages of the article from the various consignments showed an 
average net weight of 15.40, 15.61, and 15.37 ounces, respectively.
Misbranding was alleged in the information with respect to a portion of 
the article for the reason that the statement, to wit, " One Pound * * * 
Net Weight," borne on the packages containing the article, regarding the said
article, was false and misleading in that the said statement represented that 
each of the said packages contained 1 pound net weight 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 each of the said packages con- 
tained 1 pound net weight of the said article, whereas, in truth and in fact, 
each of said packages did not contain 1 pound net weight of the article but 
did contain a less amount. Misbranding was alleged with respect to the 
product involved in all of the said consignments for the reason that it 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 $50 and costs.
HOWAED M. GORE, Acting Secretary of Agriculture.