21083. Adulteration   and   Misbranding of   butter.     U.   S.' v.   'William   H.
Elsass, Alfred E.  Elsass, Laurence E.  Elsass, C. Eugene Elsass, 
and Otto W. Elsass (Elsass' Creamery).    Plea of grnllty.    Fine, 925.
(F. & D. no. 29506.    Sample nos. 6551-A, 6556-A, 6605-A.)
This case was based on various interstate shipments of butter, samples of 
which were found to contain less than 80 percent by weight of milk fat, the 
standard for butter established by Congress.
On April 18, 1933, the United States attorney for the Eastern District of 
Arkansas, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against William H. Elsass, Alfred E. Elsass, 
Laurence E. Elsass, C. Eugene Elsass, and Otto W. Elsass, copartners, trading 
as Elsass' Creamery, Rector, Ark., alleging shipment by said defendants in 
violation of the Food and Drugs Act, on or about April 15, 18, and 21, 1932, 
from the State of Arkansas into the State of Tennessee, of quantites of 
butter that was adulterated and misbranded. The article was labeled in 
part: (Package) "Monogram Creamery Butter * * * The Cudahy Pack- 
ing Co.   *   *   *   Chicago."
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 
substituted for butter, a product which should contain not less than 80 percent 
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", borne 
on the label, was false and misleading, and for the further reason that the 
article was labeled as aforesaid so as to deceive and mislead the purchaser, 
since it was not butter as defined by the act of March 4, 1923.
On May 1, 1933, a plea of guilty was entered on behalf of all defendants, 
and the court imposed a fine of $25.
M. L. WILSON, Acting Secretary of Agriculture.