14297. Adulteration   and   misbranding   of   butter.     U.    S.   v.   Ambrosia   J.
Smith, John S. Carter, Sam S. Lard, Trustees (Texas Creamery Co.). 
Pleas of Knilty. Fine, $100. (F. & D. No. 19282. I. S. Nos. 7488-v. 
7491-v, 7493-v.)
On May 1, 1925, the United States attorney for the Southern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district an information against Ambrosia J. 
Smith. John S. Carter, and Sam S. Lard, trustees, Texas Creamery Co., an 
unincorporated association, Houston, Tex., alleging shipment by said defend- 
ants, in violation of the food and drugs act as amended, on or about February 
7. 1924, from the State of Texas into the State of Louisiana, of quantities of 
butter a portion of which was adulterated and misbranded, and the remainder 
of which was misbranded.    A portion of the article was contained in tubs
labeled in part: "32 Lb. Net Morning Glory Salted Butter." The remainder 
of the article was contained in cartons labeled in part: " Sweet Clover One- 
Pound Net Sweet Clover Butter * * * Texas Creamery Company, Houston, 
Texas" or " Extra Fancy Morning Glory Creamery Butter * * * One 
Pound Net Texas Creamery Co., Houston, Tex."
Adulteration of the tub butter and the Sweet Clover brand butter was- 
alleged in the information for the reason that a product deficient in milk fat,: 
in that it contained less than 80 per cent by weight of milk fat, had been sub- 
stituted for butter, a product which should contain not less than 80 per cent 
by weight of milk fat as prescribed by law.
Misbranding of the tub butter and the Sweet Clover brand butter was 
alleged for the reason that the statement " Butter," borne on the labels, was 
false and misleading, in that the said statement represented that the article 
was butter, to wit, an article containing not less than 80 per cent by weight of 
milk fat as prescribed by law, and for the further reason that it was labeled 
as aforesaid so as to deceive and mislead the purchaser into the belief that it 
was butter, to wit, an article containing not less than 80 per cent by weight of 
milk fat as prescribed by law, whereas it was not butter but was a product 
deficient in milk fat, in that it contained less than 80 per cent by weight of 
milk fat. Misbranding of the said tub butter and the Sweet Clover brand, 
butter was alleged for the further reason that it was an imitation of and was 
offered for sale under the distinctive name of another article, to wit, butter.
Misbranding of the Sweet Clover brand and Morning Glory brand butter 
was alleged for the reason that the statement, to wit, " One Pound Net," borne 
on the cartons, was false and misleading, in that the said statement represented 
that the cartons each contained 1 pound net of the article, and for the further 
reason that it was labeled as aforesaid so as to deceive and mislead the pur- 
chaser into the belief that the cartons each contained 1 pound net of the said 
article, whereas said cartons did not each contain 1 pound net of the article 
but did contain a less amount. Misbranding of the said Sweet Clover brand 
and Morning Glory brand butter was alleged for the further reason that it was 
food in package form and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the packages.
On May 7, 1926, the defendants entered pleas of guilty to the information, 
and the court imposed a fine of $100. 
W. M. JARDINE, Secretary of Agriculture.