21140. Adulteration   and   Misbranding of   butter.   V.    S.   v.   John   Austin
Emigh   (Shady Lawn  Creamery  Co.).   Plea  of  guilty.   Fine,  $110.
(F. & D. no. 29418.    Sample nos. 1539-A, 1540-A, 1542-A,  1551-A.)
This case was based on four interstate shipments of butter. Sample cartons 
taken from each of the lots were found to contain less than 1 pound, the declared 
weiglrfc. The product in three of the four lots was also found to contain less 
than 80 percent by weight of milk fat, the standard for butter established by 
Congress.
On May 16, 1933, the United States attorney for the Eastern District of 
Washington, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against John Austin Emigh, trading as the Shady 
Lawn Creamery Co., Walla Walla, Wash., alleging shipment by said defendant 
in violation of the Food and Drugs Act as amended, in various consignments, 
on or about May 10, May 17, May 24, and May 27, 1932, from the State of 
Washington into the State of Oregon, of quantities of butter'which was mis- 
branded, and portions of which also were adulterated. The packages were 
labeled: " Shady Lawn Creamery Butter * * * One Pound Net Weight 
[or "Highland Creamery Butter * * * 1 Lb. Net Weight"] Shady Lawn 
Creamery Company, Walla Walla, Washington."
The information charged Adulteration of three of the four shipments of but- 
ter, 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 by weight of milk fat as prescribed by the act of March 4, 
1923, which the article purported to be.
Misbranding of the said three lots was alleged for the reason that the 
statement, " Butter " on the label, 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. Misbranding was alleged with respect to all 
lots for the reason that the statements, " One Pound Net Weight " or 1 Lb. Net 
Weight", were false and misleading, and for the further reason that the article 
was labeled so as to deceive and mislead the purchaser, since the packages 
contained less than 1 pound. 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 conspicuously marked on the outside of the package.
On June 7, 1933, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $110.
M. L. WILSON, Acting Secretary of Agriculture.