12704. Misbranding: of butter.    TJ. S. v. Morris & Co., a Corporation.    Flea
of guilty.     Fine, $100.     (F. & T>. No. 17697.    I. S. Nos. 11262-v, 11263-v.)
On November 14, 1923, the United States attorney for the Northern District 
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 
Morris & Co., a corporation, trading at San Francisco, Calif., alleging that on 
or about April 3 and 17, 1923, respectively, the said company delivered for 
shipment from the State of California into the Territory of Hawaii, in viola- 
tion of the food and drugs act as amended, quantities of butter which was mis- 
branded. The article was labeled in part: " Morris' Supreme Fancy Creamery 
Butter Morris & Company, U. S. A.   One Pound Net Weight."
Examination by the Bureau of Chemistry of this department of 300 packages 
from each of the consignments showed that the average net weight of the lots 
examined was 15.69 ounces and 15.54 ounces, respectively.
Misbranding of the article was alleged in the information for the reason that 
the statement, to wit, " One Pound Net Weight," borne on the packages con- 
taining the article, was false and misleading in that the said statement repre- 
sented 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 to deceive and 
mislead the purchaser into the belief that each of the said packages contained 
1 pound net weight of butter, whereas, in truth and in fact, each of said pack- 
ages 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.       ? '    '
On April 24, 1924, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $100.
HOWAKD M. GOEE, Secretary of Agriculture.