21666. Adulteration and misbranding of butter.   IT. S. v. Frye & Co.    Plea
of guilty.    Fine, $50.     (F. & D. no. 30271.    Sample no. 1569-A.)
This case involved a shipment 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 September 22,1933, 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 July 25, 1932, from the State of Oregon into the State of 
Washington, of an article of food, butter, which was adulterated and mis- 
branded. The article was labeled in part: " Standard Grade Butter * * * 
Creamery Butter."
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 sub- 
stituted for butter, a product which should contain not less than 80 percent of 
milk fat as provided by the act of March 4, 1923.
Misbranding was alleged for the reason that the statements, "Creamery 
Butter ", and " Standard Grade Butter ", were false and misleading, and for 
the further reason that the article was labeled so as to deceive and mislead 
the purchaser, since the said statements 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 October 24, 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.