15155. Adulteration   and   Misbranding of   butter.     U.   S.   v.   Americus   Icj
Cream <fc Creamery Co.     Plea of nolo contendere.     Fine, $25.     (F. ^i
D. No. 19763.     I. S. Nos. 6562-x, 6607-x.)
On August 13, 1926, the United States attorney for the Southern District 0: 
Georgia, acting upon a report by the Secretary of Agriculture, filed in 
District Court of the United States for said district an information against tb- 
Americus Ice Cream & Creamery Co., a corporation, Americus, Ga., alleging 
shipment by said company, in violation of the food and drugs act as amended, 
in two consignments, on or about October 19 and November 6, 1925, respectively;
ie State of Georgia into the State of Florida, of quantities of butter 
^;was adulterated and misbrauded. The iirticle was labeled in part: 
jter-Maid Creamery Butter * * * Made by Americus Ice Cream & 
iery Co., Americus, Georgia One Pound Net Weight."
alteration of the article was alleged in the information for the reason 
product which contained less tlu:n SO per cent by weight of milk fat had 
substituted for butter, a product which should contain not less than 80 per 
|by weight of milk fat as prescribed by law.
" branding was alleged for the reason that the statement, to wit, " Butter,"
^on the packages containing the article, was fulse and misleading in that
Aid statement represented that the article was butter, to wit, a product
Lshould contain not less than 80 per cent by weight of milk fat as pre-
?Q by law, whereas it did not contain 80 per cent by weight of milk fat,
fid contain a less amount.    Misbranding was alleged with respect to the
Itjti' of the product consigned November 6, 1925, for the further reason that
ftatement, to wit, " One Pound Net Weight," borne on the label, was false
"fisleading in that the said statement represented that the packages each
|ined 1 pound of butter,  whereas  they did not, but  did  contain a  less
int, and for the further reason that the article was food in package form
[the quantity of the contents was not plainly and conspicuously marked on
&utside of the package.
|D November 1, 1926,  a plea of nolo contendere to the information  was 
jg^d on behalf of the defendant company,  and the court imposed a  fine
W. M. JARDINE, Secretary of Affviculture.