12615.  Adulteration   and   misbranding:   of   butter.     U.   S.   v.   The   Northern 
Colorado   Dairy   Co.,   a   Corporation.     Plea   of   guilty.     Fine,   $45.
(F. & D. No. 18369.    I. S. No. 11898-v.)
On June 20, 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 Northern 
Colorado Dairy Co., a corporation, Brighton, Colo., alleging shipment by said 
company, in violation of the food and drugs act as amended, on or about 
November 5, 1923, from the State of Colorado into the State of Texas, of a 
quantity of butter which was adulterated and misbranded. The article was 
labeled in part: " One Lb. Net Wt. Circle Star Brand   *    *    *    Butter."
Analyses of samples of the article by the Bureau of Chemistry of this de- 
partment showed that the said samples contained 79.4 per cent of butter- 
fat. Examination of 150 cartons of the product by said bureau showed that 
the average net weight of the product examined was 15.61 ounces.
Adulteration of the article was alleged in the information for the reason 
that a product deficient in milk fat had been substituted for butter, which 
the said article purported to be, for the further reason that a valuable con- 
stituent of the article, to wit, milk fat, had been in part abstracted, and for 
the further reason that a product which contained less than 80 'per cent by 
weight of milk fat had been substituted for a product which should contain 
not less than 80 per cent by weight of milk fat, as prescribed by the act of 
March 4, 1923.
Misbranding was alleged for the reason that the statements, to wit, 
" Butter" and "One Lb. Net Wt.," borne on the packages containing the 
article, were false and misleading in that the said statements represented 
that the article consisted wholly of butter, to wit, a product which should 
contain not less than 80 per cent by weight of milk fat, as prescribed by the 
act of March 4, 1923, and that each of the packages contained 1 pound net 
weight of butter, and for the further reason that it was labeled as aforesaid 
so as ro deceive and mislead the purchaser into the belief that it consisted 
wholly of butter and that each of the said packages contained 1 pound thereof, 
whereas, in truth and in fact, it did not consist wholly of butter but did 
consist of a product deficient in milk fat, each of said packages did not contain 
1 pound net weight of butter but did contain a less amount, and the said 
article was a product which did not contain 80 per cent by weight of milk 
fat 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.
On July 23, 1924, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed of fine of $45.
HOWARD M. GORE, Secretary of Agriculture.