12653. Misbranding of butter.    U. S. v. The midland Creamery Co., a Cor 
poration.    Plea of guilty.    Fine, $20.     (F. & D. No. 17819.    I. S. No.
8750-v.)
On January 22, 1924, the United States attorney for the District of Colo- 
rado, 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 Mid- 
land Creamery Co., a corporation, Colorado Springs, Colo., alleging ship- 
ment by said company in violation of the food and drugs act as amended, on 
or about February 12, 1923, from the State of Colorado into the State of Texas, 
of a quantity of butter which was misbranded. The article was labeled in 
part: " Midland Gold Band Butter 1 lb. Net Midland Creamery Co. Colorado 
Springs."
Examination by the Bureau of Chemistry of this department of 60 pack- 
ages of the article showed that the said packages averaged 15.45 ounces net of 
butter each.
Misbranding of the article was alleged in the information for the reason that 
the statement, to wit, " 1 lb. Net," borne on the packages containing the article, 
was false and misleading in that the said statement represented that 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 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 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 con- 
tents was not plainly and conspicuously marked on the outside of the package.
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 $20.
HOWABD M. GOHE, Secretary of Agriculture.