21080. Adulteration  and   Misbranding of   butter.     TJ.   S.   v.   Sugar  Creek:
Creamery Co.    Plea of nolo  contendere.    Fine, 875.    (F. & D.  no
30159.    Sample no. 20332-A.)
This action was based on an interstate shipment of butter, samples of which 
were found to be deficient in milk fat, since they contained less than 80 percent 
*y weight of milk fat, the standard provided by act of Congress.
On May 8, 1933, the United States attorney for the Southern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against the Sugar Creek Creamery Co., a corporation 
trading at Pana, Ill., alleging shipment by said company, on or about August 
25, 1932, in violation of the Food and Drugs Act, from the State of Illinois into 
the State of Pennsylvania, of a quantity of butter that was adulterated and 
misbranded. The article was labeled in part: " Jersey Lily Brand Creamery 
Butter."
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, which should contain not less than 80 percent by weight 
of milk fat as prescribed by the act of March 4, 1923.
Misbranding of the article was alleged for the reason that the statement 
" Butter " was false and misleading, and for the further reason that the article 
was labeled so as to deceive and mislead the purchaser, since the said statement 
represented that the article was butter, a product which should contain not 
less than 80 percent by weight of milk fat, as required by law, whereas it was 
not.
On June 15, 1933, a plea of nolo contendere to the information was entered 
on behalf of the defendant company, and the court imposed a fine of $75.
M. L. WILSON, Acting Secretary of Agriculture.