11082.  Adulteration and misbranding- of butter.    V. S. v. Mutual Creamery 
Co., a Corporation.     Plea of gruilty.     Fine, $105 and cost*.     (F. &
D. No. 17607.    I. S. Nos. 8469-v, 8470-v, 8471-v.)
On August 30, 1923, the United States attorney for the District of Nevada, 
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 Mutual 
Creamery Co., a corporation, trading at Fallon, Nev., alleging shipment by 
said company, in violation of the Food and Drugs Act, as amended, on or 
about January 25, 1923, from the State of Nevada into the State of California, 
of quantities of butter, a portion of which was adulterated and misbranded 
and the remainder of which was misbranded. The three lots of the article 
were labeled in part, respectively: " Cascade Pasteurized Butter Net Weight 
One Pound When Packed Pasteurized Creamery Butter Guaranteed by Mutual 
Creamery Company * * * Los Angeles;" 1 Pound Net Weight Church- 
ill Creamery Inc. Fallon, Nevada;" " Maid O'Clover * * * Butter 
* * * One Pound Net * * * Guaranteed by Mutual Creamery Com- 
pany   *    *    *    Salt Lake City, Utah."
Examination by the Bureau of Chemistry of this department of 48 prints 
each of the Cascade, Maid O'Clover, and the Churchill Creamery brands of the 
article showed an average net weight of 15.74, 15.41, and 15.71 ounces, respec- 
tively. Analysis of the Cascade brand butter by said bureau showed that it 
was deficient in fat and contained excessive moisture.
Adulteration was alleged in the information with respect to the Cascade 
brand butter for the reason that a product deficient in milk fat and contain- 
ing an excessive amount of moisture had been substituted for pasteurized 
creamery butter, which the article purported to be.
Misbranding was alleged with respect to the Cascade brand butter for the 
reason that the statement, "Pasteurized Creamery Butter," borne on the pack- 
ages containing the article, was false and misleading in that it represented that 
the said article consisted wholly of pasteurized creamery butter, and for the 
further reason that it was labeled as aforesaid so as to deceive and mislead 
the purchaser into the belief that it consisted wholly of pasteurized creamery 
butter, whereas, in truth and in fact, it did not but did consist in whole or 
in part of a product deficient in milk fat and contained an excessive amount 
of moisture.
Misbranding was alleged with respect to all of the said article for the reason 
that the respective statements, " Net Weight One Pound," " 1 Pound Net 
Weight," and " One Pound Net," borne on the packages containing the various 
lots of the article, were false and misleading in that they represented that 
each of the said packages contained 1 pound net of butter, and for the further 
reason that it was labeled as aforesaid so as to deceive and mislead the pur- 
chaser into the belief that each of the said packages contained 1 pound net
of butter, whereas, in truth and in fact, each of said packages did not contain 
1 pound net of butter 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 out- 
side of the packages.
On August 30, 1923, a plea of guilty to the information was entered on 
behalf of the defendant company, and the court imposed a fine of $105 and 
costs,
C. F. MARVIN, Acting Secretary of Agriculture.