3 5736. Adulteration and misbranding: of butter. V. S. v. Nelson-Ricks 
Creamery Co. Plea of sruilty. Fine, $50. (P. & D. No. 22538. I. S. 
Nos. 17028-x, 17029-x, 17113-x, 17118-x.)
On December 6, 1927, the United States attorney for the District of Utah, 
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 Nelson- 
Ricks Creamery Co., a corporation, Salt Lake City, Utah, alleging shipment 
by said company, in violation of the food and drugs act as amended, in various 
lots, on or about April 9, April 15, and August 16, 1927, respectively, from the 
State of Utah into the State of Nevada, of quantities of butter, which was 
misbranded, and a portion of which was also adulterated. The article was 
labeled in part: (Packages) "Banquet Better Butter Pasteurized Nelson-Ricks 
Creamery Company Salt Lake and Ogden * * * 1 Pound Net" or " Gold 
Nugget Pasteurized Butter One Pound Net * * * ' Manufactured by Nelson- 
Ricks Creamery Company, Salt Lake and Ogden."
It was alleged in the information that the article was misbranded in that the 
statement, " 1 Pound Net," or " One Pound Net," as the case might be, borne on 
the labels, was false and misleading in that .the said statement represented that 
the packages each contained 1 pound of butter, and for the further reason that it 
was labeled as aforesaid so as to deceive and mislead the purchaser into the be- 
lief that the packages each contained 1 pound of butter, whereas they did not, 
but each of a number of said packages contained a less quantity. 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, in that the quantity stated on each of a number of 
said packages represented more than the actual contents thereof.
Adulteration was alleged with respect to the " Gold Nugget" butter for the 
reason that a substance purporting to be butter, but which was not butter 
in that it contained less than 80 per cent by weight of milk fat, had been 
substituted for butter, a product which must! contain not less than 80 per 
cent by weight of milk fat as defined and required by the Act of Congress 
of March 4, 1923.
? Misbranding of the said "Gold Nugget" butter was alleged for the reason 
that the statement, " Butter," borne on the label, was false and misleading in 
that it represented the article to be butter, to wit, an article containing not 
less than 80 per cent by weight of milk fat, as required 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 required by law, whereas it 
was not butter as defined and required by law, but was a product defic'ent in 
milk fab in that it contained less than 80 per cent by weight of milk fat.
On February 4, 1928, a plea of guilty to the information was entered on 
behalf of the defendant company, and the court imposed a fine of $50.
K. W. DXTNLAP, Acting Secretary of Agriculture.