12561. Adulteration  and misbranding  of butter.     U.  S. v.  The Hollywood
Creamery Co., a Corporation.     Plea of guilty.     Fine, $40.     (F. & D,
No. 17910.    I. S. Nos. 11358-v, 11398-v.)
On March 6, 1924, the United States attorney for the District of Colorado,, 
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 Holly- 
wood Creamery Co., a corporation, Colorado Springs, Colo., alleging shipment 
by said company, in violation of the food and drugs act as amended, on or 
about March 1, 1923, from the State of Colorado into the State of Texas, 
and on or about April 5, 1923, from the State of Colorado into the State of 
New Mexico, of quantities of butter, a portion of which was adulterated and 
misbranded and the remainder of which was misbranded. A portion of the 
article was labeled in part: " 1 Lb. Net Weight." The remainder of the said 
article was labeled in part: " Creamery Butter."
Examination by the Bureau of Chemistry of this department of 90 packages 
from the consignment of March 1 showed that the average net weight of the 
product examined was 15.67 ounces. Analyses by said bureau of 5 samples 
from the consignment of April 5 showed that the product contained excessive 
moisture and was deficient in milk fat.
Misbranding of the product consigned March 1, 1923, was alleged in the 
information for the reason that the statement, to wit, " 1 Lb. Net Weight," 
borne on the packages containing the article, was false and misleading in 
that it represented that each of the said packages contained 1 pound net 
weight of butter, 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 contained 1 pound net of butter, whereas, in truth 
and in fact, each of said packages did not contain 1 pound net weight 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 outside 
of the package.
Adulteration of the product consigned April 5, 1923, was alleged for the 
reason that a product deficient in milk fat and which contained an excessive 
amount of moisture had been substituted for creamery butter, which the said 
article purported to be.
Misbranding of the product consigned April 5, 1923, was alleged for the 
reason that the statement, to wit, " Creamery Butter," borne on the packages 
containing the article, was false and misleading in that it represented that 
the  said  article consisted wholly of creamery 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 it consisted wholly of creamery butter, whereas, in 
truth and in fact, the said article did not consist wholly of creamery butter 
but did consist of a product deficient in milk fat and which contained excessive 
moisture.
On May 6, 1924, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $40.
HOWARD M. GORE, Secretary of Agriculture.