12306. Misbranding:   of   butter.    U.   S.   v.   Monotti-Larimer,   a   Corporation.
Plea of guilty. Fine, $100. (P. & D. No. 17613. I. S. Nos. 8699-v, 
11259-v, 11806-v.)
On November 26, 1923, the United States attorney for the Northern Dis- 
trict of California, acting upon a report by the Secretary of Agriculture, filed 
in the District Court of the United States for said district an information 
against Monotti-Larimer, a corporation, San Francisco, Calif., alleging ship- 
ment by said company, in violation of the food and drugs act as amended, in 
various consignments, namely, on or about March 13, March 20, and April 
3, 1923, respectively, from the State of California into the Territory of Hawaii, 
of quantities of butter which was misbranded. The article was labeled in part: 
" Gold Medal Brand Pasteurized Butter * * * Net Contents 1 Lb. * * * 
Monotti, Larimer & Sollie, Distributors San Francisco."
Examination by the Bureau of Chemistry of this department of a sample 
taken from each of the three consignments showed that the average net weight 
of 180, 300, and 300 packages from the different consignments was 15.72, 
15.77, and 15.78 ounces, respectively.
Misbranding of the article was alleged in the information for the reason 
that the statement, " Net Contents 1 Lb.," borne on the packages containing the 
article, was false and misleading in that the said statement represented 
that each of 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 said article, whereas, in truth and in fact, each of 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 con- 
spicuously marked on the outside of the package.
On January 12, 1924, a plea of guilty to the information was entered on 
behalf of the defendant company, and the court imposed a fine of $100.
HOWARD M. GOEE, Acting Secretary of Agriculture.