21608. Alleged   adulteration   and misbranding of   butter.     U.   S-   v.   North
Idaho Cooperative Creamery and Joe Smith. Tried to a jary. 
Verdict of not guilty. (P. & D. no. 29508. Sample nos. 1327-A. 1506-A, 
1509-A, 1510-A,  1517-A,  1528-A, 1529-A, 1712-A.)
This case was based on interstate shipments of butter charged to be below 
the legal standard.   One of the shipments was also charged to be short weight.
On August 2, 1933, the United States attorney for the District of Idaho, 
acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against the North Idaho Cooperative Creamery, a cor- 
poration, Lewiston, Idaho, and Joe Smith, of Lewiston, Idaho, alleging shipment 
by said defendants between the date* of April 14, 1932, and May 13, 1932. from 
the State of Idaho into the State of Washington, of quantities of butter which
was charged to be adulterated, and portions of which were charged to be 
misbranded in violation of the Food and Drugs Act as amended. A portion 
of the article consisted of tub butter. The remainder was print butter labeled 
in part: "Creamery Butter * * * One Pound Net Weight for "16 Oz. 
Net"]."
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 bad 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 print butter was alleged for the reason that the state- 
ment, "Butter", borne 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. Misbranding was alleged with respect to the shipment charged 
to be short weight for the reason that the statement, " One Pound Net Weight ", 
was false and misleading and deceived and misled the purchaser, and for the 
further reason that it was food in package form and the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the package.
On November 21, 1933, the case came on for trial before the court and a 
jury. The trial was completed on November 22, 1933, on which date the case 
was submitted to the jury, which returned a verdict of not guilty.
M. L. WILSON, Acting Secretary of Agriculture.