12812. Misbranding of butter.    U. S. v. William F. Erving.    Plea of guilty.
Fine, $100.     (F.  & D.  No.  17615.    I.  S.  Nos.  11255-v,  11256-v,  11804-v, 
11805-v.)
On November 20, 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 
William F. Erving, San Francisco, Calif., alleging shipment by said defendant, 
in violation of the food and drugs act, in part on or about March 20, 1923, and 
in part on or about March 27, 1923, from the State of California into the 
Territory of Hawaii, of quantities of butter which was misbranded. A portion 
of the article was labeled in part: " Ilima Brand Choicest 1 Pound." The 
remainder of the article was labeled in part: " Lehua Brand Extra Creamery 
Butter Net Weight One Pound."
Examination by the Bureau of Chemistry of this department showed that 
the average net weight of 110, 60, 120, and 120 packages from the 4 consign- 
ments was 15.61, 15.83, 15.70, and 15.79 ounces, respectively.
Misbranding of the article was alleged in the information for the reason 
that the statements, to wit, " 1 Pound" or " Net Weight One Pound," borne 
on the packages containing the article, were false and misleading in that the 
said statements represented that the packages contained 1 pound of butter, or 
contained 1 pound net weight of butter, as the case might be, and for the 
further reason that it was labeled as aforesaid so as to deceive and mislead 
the purchaser into the belief that the said packages contained 1 pound of 
butter, or contained 1 pound net weight of butter, as the case might be, 
whereas, in truth and in fact, the said packages did not contain 1 pound, or 
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 ou 
the outside of the package.
On April 24, 1924, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $100.
W. M. JAEDINE, Secretary of Agriculture.