14138.  Misbranding of butter.     V. S. v. Swift & Co.     Plea of guilty.     Fine, 
$100.     (F. & D. No. 19694.    I. S. No. 23452-v.)
On November 28, 1925, the United States attorney for the District of 
Oregon, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district an information against 
Swift & Co., a corporation, trading at Portland, Oreg., alleging shipment by 
said company, in violation of the food and drugs act as amended, on or 
about May 29. 1925, from the State of Oregon into the State of Wash- 
ington, of a quantity of butter in tins which was misbranded. The tins 
were labeled in part: " Brookfield Creamery Butter 2 Lbs. Net Weight Swift 
& Company, U. S. A."
Examination by the Bureau of Chemistry of this department of 126 tins 
of the article showed an average net weight of 1 pound 14.9 ounces.
Misbranding of the article was alleged in the information for tjie reason, 
that the statement, to wit, "2 Lbs. Net Weight," borne on the labels of 
the tins containing the said article, was false and misleading, in that the 
said statement represented that the tins each contained 2 pounds 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 tins each contained 
2 pounds of butter, whereas each of a number of said tins contained less 
than 2 pounds 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 January 22, 1926, a plea of guilty to the information was entered on. 
behalf of the defendant company, and the court imposed a fine 6f $100.
R. W. DUNLAP, Acting Secretary of Agriculture.