12833. Misbranding of butter. U. S. v. BIkhorn Creamery Co., a Corpora- 
tion. Plea of guilty. Fine, $200. (F. & D. No. 18099. I. S. Nos. 
11510-v, 11874-v.)
On or about July 23, 1924, the United States attorney for the District of 
Idaho, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district an information against 
the Elkhorn Creamery Co., a corporation, Pocatello, Idaho, alleging ship- 
ment by said company, in violation of the food and drugs act as amended, 
on or about September 6, 1923, from the State of Idaho into the State of 
Wyoming, and on or about September 12, 1923, from the State of Idaho into 
the State of Utah, of quantities of butter which was misbranded. The 
article was labeled in part: "Royal Butter * * * Mfd. By Elkhorn 
Creamery Company.    *    *    *   16 Ounces Net Weight."
Examination of samples of the article from each consignment by the Bureau 
of Chemistry of this department showed that the average net weight of 90 
cartons from one shipment and 30 cartons from the other was 15.64 ounces 
and 15.65 ounces, respectively.
Misbranding of the article was alleged in the information for the reason 
that the statement, to wit, " 16 Ounces Net Weight," borne on the packages 
containing the article, was false and misleading, in that the said statement 
represented that each of the said packages contained 16 ounces net weight 
of the article, 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 16 ounces net weight of the article, whereas, in truth 
and in fact, each of said packages did not contain 16 ounces net of the article 
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 October 13, 1924, a plea of guilty to the information was entered on 
behalf of the defendant company, and the court imposed a fine of $200.
W. M. JARDINE, Secretary of Agriculture.