21319. Misbranding of butter. U. S. v. Frye & Co. Plea of guilty. Fine, $50. (F. & D. no. 29490. Sample no. 1626-A.) This case was based on an interstate shipment of butter, samples of which were found to contain less than the declared weight, 1 pound. The require- ment of the law that the packages bear on the label a statement of the quantity of the contents was not complied with, since the statement of weight was incorrect. i On July 8, 1933, the United States attorney for the District of Oregon, acting upon a report by the Secretary of Agriculture, filed in the district court an information against Frye & Co., a corporation, trading at Portland, Oreg., alleging shipment by said company in violation of the Food and Drugs Act, on or about May 24, 1932, from the State of Oregon into the State of Wash- ington, of a quantity of butter which was misbranded. The article was labeled in part: (Package) "Weight One Pound." It was alleged in the information that the article was misbranded in that the statement, " Weight One Pound ", borne on the label, was false and mis- leading 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 of butter. 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 July 8, 1933, a plea of guilty to the information was entered on behalf of the defendant company, and the court imposed a fine of $50. M. L. WILSON, Acting Secretary of Agriculture.