13544. Misbranding   of   butter.     U.    S.    v.    Macon   Creamery   Co.     Plea   of
guilty.     Fine, $25.     (F. & D. No. 17950.     I. S. No. 6192-v.)
On March 11, 1924, the United States attorney for the Southern District of 
Mississippi, 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 Macon Creamery Co., a corporation, Macon, Miss., alleging shipment by
{Supplement 207
said company, in violation of the food and drugs act as amended, "on or about 
June 18, 1923, from the State of Mississippi into the State of Alabama, of a 
quantity of butter which was misbranded. The article was labeled in part: 
"I Lb. Net Weight."
Examination by the Bureau of Chemistry of this department of 119 packages 
of the article showed an average net weight of 15.25 ounces.
Misbranding of the article was alleged in the information for the reason that 
the statement, to wit, "1 Lb. Net Weight," borne on the packages containing 
the article, was false and misleading in that the said statement represented 
that the packages contained 1 pound net 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 the said packages contained 1 pound net of butter, whereas 
each of the 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 September 22, 1925, a plea of guilty to the information was entered on 
behalf of the defendant company, and the court imposed a fine of $25.
R. W. DUNLAP, Acting Secretary of Agriculture.