12913. Adulteration,   and  misln-anding   of   ontter.    U.   S. *V.  the   Merchants 
Creamery Co., a Corporation.    Plea of gnailty.    Fine, $100.     (F. & I>.
No. 18587.    I. S. Nos. 15041-v, 15042-v.)
On November 17, 1924, the United States attorney for the Southern District 
of Ohio, 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 Merchants Creamery Co., a corporation, Cincinnati, Ohio, alleging ship- 
ment by said company, in violation of the food and drugs act as amended, in 
two consignments, namely, on or about December 11 and 13, 1923, respectively, 
from the State of Ohio into the State of Virginia, of quantities of butter which 
was adulterated and misbranded. The article was contained in cartons labeled 
in part: " Rose Brand Creamery Butter The Merchants Creamery Co., Cin- 
cinnati, O. One Pound Net." A portion of the article was divided into half- 
pound prints bearing on the wrappers, " Half Pound Net," and the remainder 
was divided into 4-ounce prints bearing on the wrappers, " 4 oz. Net Weight."
Analysis of the article by the Bureau of Chemistry of this department showed 
that it was deficient in butterfat. Examination of 90 prints contained in the 
half-pound wrappers and 96 prints in the 4-ounce wrappers showed an average 
weight of 7.78 ounces, and 3.72 ounces, respectively.
Adulteration of the article was alleged in the information for the reason that 
a product deficient in milk fat had been substituted for butter, which the said 
article purported to be, and for the further reason that a product containing 
less than 80 per cent by weight of milk fat had been substituted for butter, a 
product which should contain not less than 80 per cent by weight of milk fat, 
as prescribed by the act of March 4, 1923.
Misbranding was alleged for the reason that the statement, to wit, "One 
Pound Net?' borne on the cartons, and the statements, to wit, "Half Pound 
Net" and " 4 Oz. Net Weight," borne on the wrappers on the respective-sized 
prints, were falgb and misleading, in that the said statements represented that 
the cartons contained 1 pound net of the said article, and that the wrappers
containd one-half pound net or 4 ounces net, as the case might be, whereas the 
cartons contained less than 1 pound net of butter, and the said wrappers con- 
tained less than one-half pound net or 4 ounces net, of butter. 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 November 19, 1924, a plea of guilty to the information was entered on 
behalf of the defendant company, and the court imposed a fine of $100.
W. M. JABDINE, Secretary of Agriculture.