19714. Misbranding of butter.    U. S. v. Swift & Co., a Corporation.    Plea
of nolo contendere.    Fine, $100 and costs.     (F. & D. No. 26530.    I. S. 
No. 6308.)
This action involved the interstate shipment of a quantity of butter, sample 
packages of which were found upon examination to contain less than 1 pound, 
the declared weight.
On October 14, 1931, the United States attorney for the Northern District of 
Mississippi, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid an information 
against Swift & Co., a corporation, trading at West Point, Miss., alleging ship- 
ment by said company, in violation of the food and drugs act as amended, on 
or about July 8, 1930, from the State of Mississippi into the State of Louisiana, 
of a quantity of butter that was misbranded. The article was labeled in part: 
" Swift's Premium Quality Brookfield Pasteurized Creamery Butter * * * 
1 Lb. Net Weight Distributed by Swift & Company U. S. A."
It was alleged in the information that the article was misbranded in that 
the statement " 1 Lb. Net Weight " was false and misleading, and for the further 
reason that the article was labeled so as to deceive and mislead the purchaser,
since the packages did not contain 1 pound net weight 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 con- 
spicuously marked on the outside of the package, since the statement made 
was incorrect.
On April 5, 1932, a plea of nolo contendere to the information was entered 
on behalf of the defendant company, and the court imposed a fine of $100 and 
costs.
HENBY ¦ A. WALLACE,  Secretary of Agriculture.