12832. Misbranding of butter.    U. S. v. Swift & Co., a Corporation.    Pleas
of smilty.    Fines, $600 and costs.     (F. & D. Nos. 17918, 18368.    I. S. 
Nos. 11356-v, 11357-v, 11515-v, 11516-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 two informations against Swift 
& Co., a corporation, trading at Denver, Colo., alleging shipment by said com- 
pany, in violation of the food and drugs act as amended, on or about February 
23, 1923, from the State of Colorado into the State of Texas, and on or about
September 8 and 11, 1923, respectively, from the State of Colorado into the 
State of Wyoming, of quantities of butter which was misbranded. The article 
was labeled in part: " Brookfield Creamery Butter 1 Lb. Net Weight * * * 
Swift & Company, U. S. A. Distributor."
Examination by the Bureau of Chemistry of this department showed that 
the average net weight of 96, 95, 90, and 96 cartons from the 4 lots was 15.51, 
15.58, 15.64, and 15.62 ounces, respectively.
Misbranding of the article was alleged in the informations for the reason 
that the statement, to wit " 1 Lb. Net Weight," borne on the package con- 
taining the said article, was false and misleading, in that the said statement 
represented that each of the said packages contained 1 pound 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 said packages contained 
1 pound net weight 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.
On September 15, 1924, pleas of guilty to the informations were entered on 
behalf of the defendant company, and the court imposed fines in the aggregate 
sum of $600, together with the costs of the proceedings.
W. M. JAKDINE, Secretary of Agriculture.