20761. Adulteration   and   Misbranding of   butter.   IT.   S.   v.   Sugar   Creek
Creamery Co.     Plea of guilty.    Fine, $25.     (F. & D. no. 29334.    I. S. 
no. 47796.)
This case was based on an interstate shipment of butter that contained less 
than 80 percent by weight of milk fat, the standard for butter prescribed by 
Congress.
On November 11, 1932, the United States attorney for the Southern District 
of Indiana, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States an information against the Sugar 
Creek Creamery Co., a corporation, trading at Indianapolis, Ind., alleging 
shipment by said company in violation of the Food and Drugs Act, on or about 
January 26, 1932, from the State of Indiana into the State of Ohio of a 
quantity of butter that was adulterated and misbranded. The article was 
labeled in part: (Carton) " Jersey Lily Brand Creamery Butter * * * Dis- 
tributed by Sugar Creek Butter Company of Florida, Orlando, Florida."
It was alleged in the information that the article was adulterated in that 
a product containing less than 80 percent by weight of milk fat had been sub- 
stituted for butter, a product which must contain not less than 80 percent 
of milk fat.
Misbranding was alleged for the reason that the statement " Butter ", borne 
on the carton, 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 1, 1933, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $25.
R. G. TUGWELL, Acting Secretary of Agriculture.