13360. Adulteration and misbranding of bwtter.    17. S. v. J. G. Turnbnll Co.
Plea of g-uilty.    Fine, $10.     (F. & D. No. 19324.    I. S. No. 10856-v.)
At the February, 1925, term of the United States District Court, within and 
for the District of Vermont, the United States attorney for said district, acting 
upon a report by the Secretary of Agriculture, filed in the district court 
aforesaid an information against the J. G. Turnbull Co., a corporation, Norton 
Mills, Vt, alleging shipment by said company, in violation of the food and 
drugs act, on or about July SI, 1924, from the State of Vermont into the State 
of New Hampshire, of a quantity of butter which was adulterated and mis- 
branded.    The article was labeled in part:   (Package)   "Creamery Butter.'
Analyses of samples of the article by the Bureau of Chemistry of this de- 
partment showed that 4 samples averaged 74.39 per cent of milk fat.
Adulteration of the article was alleged in the information for the reason that 
a substance deficient in milk fat, in that it contained 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 "Creamery 
Butter," borne on the packages containing the article, was false and mis- 
leading, in that it represented that the article was butter, to wit, a product 
containing not less than 80 per cent by weight of milk fat, as prescribed by 
the act of March 4, 1923, and for the further reason that the article was labeled 
as aforesaid so as to deceive and mislead the purchaser into the belief that it 
was butter, to wit, a product containing not less than 80 per cent by weight of 
milk fat, whereas it was not butter, in that it contained less than 80 per cent by 
weight of milk fat. Misbranding was alleged for the further reason that the 
article was an imitation of and was offered for sale under the distinctive name 
of another article.
On April 8, 1925, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $10.
C. F. MARVIN, Acting Secretary of Agriculture.