18228.  Misbranding of   butter.    IT.   S.   v.   Mutual   Creamery   Co.    Plea   of 
guilty.    Fine, $150.     (F. & D. No. 25691.    I. S. Nos. 023422, 023445.)
Samples of butter contained in 1-pound cartons, and consisting of alleged 
quarter-pound cubes, from the lots herein described having been found to con- 
tain less than the declared net weight, the Secretary of Agriculture reported 
the matter to the United States attorney for the Western District of Washington.
On April 16, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid, an information against the Mutual 
Creamery Co., a corporation, trading at Seattle, Wash., alleging that on or 
about May 13, 1930 and June 27, 1930, the said company delivered at Seattle, 
Wash., for shipment into the Territory of Alaska, quantities of butter, which 
was misbranded in violation of the food and drugs act as amended. The arti- 
cle was labeled in part: (Carton) " Maid O'Clover * * * Butter * * * 
One Pound Net * * * Manufactured & Distributed by Mutual Creamery 
Company;" (wrapper) "Net Weight Four Ounces."
It was alleged in the information that the article was misbranded in that 
the statement, to wit, " One Pound Net," borne on the carton, and the statement, 
to wit, " Net Weight Four Ounces," borne on the wrapper, were false and mis- 
leading in that the said statements represented that each of the cartons con- 
tained 1 pound net of butter, and that each of the wrappers contained 4 ounces 
net of butter; and for the further reason that the article was labeled as afore- 
said so as to deceive and mislead the purchaser into the belief that each of the 
said cartons contained 1 pound of butter, and that each of the wrappers con- 
tained 4 ounces of butter; whereas the carton and wrapper did not contain the 
amount declared on the label, but did contain a less amount. 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.
On May 4, 1931, a plea of guilty to the information was entered on behalf 
of the defendant company and the court imposed a fine of $150.
ABTHXTB M. HYDE, Secretary of Agriculture.