13059. Misbranding of butter. IT. S. v. Earle K. Eby, Andrew C. Nichols, and John G. "Vess (Western Creamery Co.). Pleas of guilty. Fine, $25. (F. & D. No. 19290. I. S. No. 18249-v.) On June 24, 1925, the United States attorney for the Western District of Missouri, acting upon a report by the Secretary of Agriculture, filed in the District Court of the United States for said district an information against Earle K. Eby, Andrew C. Nichols, and John G. Vess, copartners, trading as Western Creamery Co., Kansas City, Mo., alleging shipment by said defendants. in violation of the food and drugs act as amended, on or about May 21, 1924, from the State of Missouri into the State of Louisiana, of a quantity of butter which was misbranded. The article was labeled in part " Butter Net Weight One Pound." Examination by the Bureau of Chemistry of this department of 100 cartons of the article showed an average net weight of 15.58 ounces. Misbranding of the article was alleged in the information for the reason that the statement, to wit, "Net Weight One Pound," borne on the packages containing the said article,- was false and misleading, in that the said state- ment represented that each of the 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 the said packages contained 1 pound of butter, whereas each of said packages did not contain 1 pound net 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 June 26, 1925, the defendants entered pleas of guilty to the information, and the court imposed a fine of $25. R. W. DUNLAP, Acting Secretary of Agriculture.