15893. Adulteration and misbranding of butter.     U. S. v. William P. Evart*
(Lovelock Creamery).    Plea of guilty.    Fine, ?45.     (F. & D. No. 22540. 
I. S. No. 17140-x.)
On February 20, 1928, the United States attorney for the District of Nevada, 
acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district an information against William P. 
Bvarts, trading as Lovelock Creamery, Lovelock, Nev., alleging shipment by 
said defendant, in violation of the food and drugs act as amended, on or about 
August 17, 1927, from the State of Nevada into the State of California, of a 
quantity of butter which was adulterated and misbranded. The article was 
labeled in part: (Package) "Lovelock Farmers Creamery Co. Clover Blossom 
Two Lbs. Net Purity Guaranteed."
It was alleged in the information that the article was adulterated in that 
a substance containing1 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 prescribed by the act of March 4, 1923, which the 
Said article purported to be1.
Misbranding was alleged for the reason that the statement, to wit, "Two 
Lbs. Net.,*1 borne on the label, was false and misleading in that the said state- 
ment represented that each of the packages 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 each of said packages contained 2 
pounds of butter, whereas said packages did not each contain 2 pounds of 
butter, but did contain in each of a number thereof a less quantity. Misbrand- 
ing 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 February 29, 1928, the defendantl entered a plea of guilty to the infor- 
mation, and the court imposed a fine of $45.
ARTHUR M. HYDE, Secretary of Agrioiclture.