20759. Adulteration  and  Misbranding of  butter.   U.   S.  v.  Watervliet   Co¬
operative Creamery Association.   Plea of guilty.    Fine, $50.     (F. &
D. no. 29429.    Sample no. 4153-A.)
This case was based on an interstate shipment of butter, samples of which 
were found to contain less than 80 percent by weight of milk fat, the standard 
for butter prescribed by Congress.
On March 14, 1933, the United States attorney for the Western District of 
Michigan, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States an information against the Watervliet 
Cooperative Creamery Association, a corporation, Watervliet, Mich., alleging 
shipment by said company, in violation of the Food and Drugs Act, on or about 
May 10,1932, from the State of Michigan into the State of Illinois, of a quantity 
of butter that was adulterated and misbranded. The article was labeled in 
part: "Everbest Sweet Cream Butter HoUister's Everbest Creamery Butter
* *    *   Delivered  to your  Dealer  Creamery  Fresh  by  John   Sander,  Inc.
* *    *   Chicago, Ill."
It was alleged in the information that the article was adulterated in that a 
product which contained less than 80 -percent by weight of milk fat had been 
substituted for butter, a product which should contain not less than 80 percent 
of milk fat as prescribed by the act of March 4, 1923.
Misbranding was alleged for the reason that the statement " Butter ", borne 
on the label, was false and misleading, and for the further reason that the 
article was labeled butter so as to deceive and mislead the purchaser, since it 
was not butter as defined by law.
On March 20, 1933, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $50.
R. G. TTTGWELL, Acting Secretary of Agriculture.