19600. Adulteration and Misbranding of butter.    IT. S. v. Mutual Creamery
Co.    Plea of guilty.    Fine, $50 and costs.    (F. & D. No   27457.    I. S. 
Nos. 22152, 22199.)
This action was based on the interstate shipment of quantities of butter, 
samples of which were found to contain less than 80 per cent by weight of 
milk fat, the standard prescribed by Congress, and a portion of which was 
also found to be short weight.
On February 9, 1932, the United States attorney for the Western District 
of Washington, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for the district aforesaid an informa- 
tion against the Mutual Creamery Co., a corporation trading at Seattle, Wash. 
It was alleged in the information that on or about May 1 and May 11, 1931, 
the defendant company had delivered for shipment from Seattle, Wash., to 
Alaska, quantities of butter that was adulterated and misbranded In violation 
of the food and drugs act as amended. A portion of the article was labeled r 
"Maid o Clover Four-In-One Butter * * * One Pound Net Pasteurized 
Creamery Butter Manufactured and Distributed by Mutual Creamery Company, 
U. S. A." The remainder was labeled: "Maid O Clover Butter * * * 
Guaranteed by Mutual Creamery Co., Seattle, U. S. A."
Adulteration of the article was alleged in the information for the reason that 
a product wtoieh 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 March 4, 1923, 
which the article purported to be.
Misbranding was alleged for the reason that the statement " Butter," appear- 
ing on the labels, and the statement " One Pound Net," appearing on the label 
of a portion of the article, were false and misleading, since 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, and that the packages containing a 
portion thereof each contained 1 pound net of the article; whereas the product 
did not contain 80 per cent by weight of milk fat but did contain a less amount, 
and the packages in the said portion did not contain 1 pound net but did con- 
tain less than 1 pound net.
On March 18, 1932, a plea of guilty to the information was entered on be- 
half of the defendant company, and the court imposed a fine of $50 and costs.
ARTHUR M. HYDE^ Secretory of Agriculture.