12162. Misbranding of butter. V. S. v. Mooresville Cooperative Creamery 
Co., a Corporation. Plea of guilty. Pine, 850. (F. & D. No. 17062. 
I. S. Nos. 3032-v, 3033-v.)
On April 16, 1923, the United States attorney for the Western District of 
North Carolina, 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 Mooresville Cooperative Creamery Co., a corporation, Moores- 
ville, N. C, alleging shipment by said company, in violation of the Food and 
Drugs Act, as amended, on or about September 11, 1922, from the State of 
North Carolina into the State of South Carolina, of quantities of butter 
which was misbranded. The article was labeled in part: (Carton) "Autumn 
Leaf Creamery Butter The Mooresville Co-Operative Creamery Co. Moores- 
ville, N.  Carolina."
Examination by the Bureau of Chemistry of this department of a sample 
from each of the two consignments of the article showed that the average 
net weight of 40 and 16 packages was 15.27 and 15.61 ounces, respectively.
Misbranding of the article was alleged in the information for the reason 
that the statement, to wit, "One Pound Net," borne on the packages con- 
taining the article, regarding the said article, was false and misleading, in 
that it 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 afore-
said 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 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 oE the 
package. 
'
On January 10, 1924, a plea of guilty to the information was entered on 
behalf of the defendant company, and the court imposed a'fine of $50.
HOWARD M. GORE, Acting Secretary of Agriculture.