13823. Misbranding:   of   butter.     U.   S.   v.   Hassayampa   Creamery  Co.     Plea
of g-niltj-.    Fine, $50.     (F. & D. No. 17812.    I. S. Nos. 11355-v, 11368-v.)
On December 28, 1923, the United States attorney for the District of Arizona, 
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 Hassayampa 
Creamery Co., a corporation, Phoenix, Ariz., alleging shipment by said com- 
pany, in violation of the food and drugs act as amended, in two consignments, 
namely, on or about March 5 and 12, 1923, respectively, from the State of Ari- 
zona into the State of Texas, of quantities of butter which was misbranded. 
The article was labeled in part "Hassayampa Brand Creamery Butter Has- 
sayampa Creamery Co. Phoenix, Ariz. * * * One Pound Net Weight Has- 
sayampa."
Examination by the Bureau of Chemistry of this department of 90 packages 
of the article from each shipment showed an average net weight of 15.33 and 
15.63 ounces, respectively.
Misbranding of the article was alleged in the information for the reason that 
the statement, to wit, "One Pound Net Weight," borne on the packages contain- 
ing the said article, was false and misleading, in that the said statement rep- 
resented that the packages each contained 1 pound net weight of butter, and for 
the further reason that it was labeled as aforesaid so as to deceive and mis- 
lead the purchaser into the belief that the said packages each contained 1 
pound net weight of butter, whereas each of the 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 out- 
side of the package.
On October 28, 1925, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $50.
R. W. DUKLAP, Acting Secretary of Agriculture: