18766. Adulteration and Misbranding of butter.    U. S. v. North American.
Creameries (Inc.).    Plea of guilty.    Fine, $500.     (F. & D. No. 25019. 
I. S. Nos. 08554, 08563, 08566, 011856, 011861.)
Samples of butter from the shipments herein described having been found 
to contain less than 80 per cent of milk fat, the standard prescribed by Con- 
gress, the Secretary of Agriculture reported the matter to the United States 
attorney for the District of Minnesota.
On January 9, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid an information against the North 
American Creameries (Inc.), a corporation, trading at Paynesville, Minn., alleg- 
ing shipment by said company, in violation of the food and drugs act, on or 
about June 11 and July 17, 1929, from the State of Minnesota into the State 
of Massachusetts, and on or about July 12 and July 19, 1929, from the State 
of Minnesota into the State of Illinois, of quantities of butter which was mis- 
branded, and a portion of which was adulterated. The article consisted of tub- 
and print butter. A portion of the print butter was labeled in part: (Carton) 
*' Pasteurized Creamery Butter Manufactured by North American Creamery Co., 
Paynesville, Minn." The remainder of the said print butter was labeled in 
part: (Carton) "Brookfield Pasteurized Creamery Butter * * * Dis- 
tributed by Swift & Company."
It was alleged in the information that the print butter was adulterated in 
that a product which contained less than 80 per cent by weight of milk fat 
had been substituted for butter, a product which should contain not less than 80 
per cent by weight of milk fat as prescribed by the act of Congress of March 4T 
1923, which the said article purported to be.
Misbranding of the said print butter was alleged for the reason that the 
statement " Butter," borne on the packages containing the article, was false and 
misleading in that the said statement represented that the article was butter, a 
product which should contain not less than 80 per cent by weight of milk fat, as 
required by law; whereas it did not contain 80 per cent by weight of milk fat, 
but did contain a less amount. Misbranding was alleged in the information 
with respect to both the print and tub butter for the reason that the article 
contained less than 80 per cent by weight of milk fat and was offered for sale 
under the distinctive name of another article, to wit, butter, a product which 
should contain not less than 80 per cent by weight of milk fat as prescribed by 
law.
On April 29, 1931, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $300 to be paid to 
the clerk of the court, and an additional fine of $200, which was suspended.
AETHTJB M. HYDE, Secretary of Agriculture.