14475. Adulteration and misbranding; of butter.     U. S. v. Clarence H. Wald-
man   (Fredonia   Creamery   Co.).     Plea   of   guilty.     Fine,   820   and 
costs.     (F. & D. No. 19727.    I. S. No. 2560-x.)
On January 21, 1926, the United States attorney for the District of Kansas, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district an information against Clarence H. Wald- 
man, trading as Fredonia Creamery Co., Fredonia, Kans., alleging shipment by 
said defendant, in violation of the food and drugs act, on or about August 17, 
1925, from the State of Kansas into the State of Oklahoma, of a quantity of 
butter which was adulterated and misbranded. The article was labeled in part: 
(Carton) "Meadow Rose Creamery Butter * * * This Butter Is Made 
*    *    *    By The Fredonia Creamery Co.    *    *    *    Fredonia, Kansas."
Adulteration of the article was alleged in the information for the reason that 
a substance that contained less than 80 per cent by weight of milk fat had been
v
substituted for butter, a product which must contain not less than 80 per cent 
by weight of milk fat, as prescribed by the act of Congress of March 4, 1923, 
which the said article purported to be. 
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Misbranding was alleged for the reason that the statement, to wit, "Creamery 
Butter," borne on the label, was false and misleading, in that the said statement 
represented that the product 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, whereas it was not butter as 
defined by law, but was a product which contained less than 80 per cent by 
weight of milk fat. 
t 
On May 3, 1926, the defendant entered a plea of guilty to the information,
and the court imposed a fine of $20 and costs.  
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W. M. JAEDINE, Secretary of Agriculture   .