21894. Adulteration  and misbranding of butter.    U.  S. v. Mutual Cream¬
ery Co.    Flea of guilty.    Flue, 8100.     (F. & D. no. 30256.    Sample no. 
25201-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 August 31, 1933, the United States attorney for the District of Nevada, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
an information against the Mutual Creamery Co., a corporation, trading at 
Fallon, Nev., alleging shipment by said company in violation of the Food and 
Drugs Act, on or about September 12, 1932, from the State of Nevada into the 
State of California, of a quantity of butter that was adulterated and mis- 
branded. The article was labeled in part: (Cartons) "Pasteurized Creamery 
Butter Manufactured and Distributed by Mutual Creamery Company."
It was alleged in the information that the article was adulterated in that a 
product deficient in milk fat had been substituted for butter, a product which 
should contain not less than 80 percent of milk fat as required by the act of 
March 4, 1923.
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 so as to deceive and mislead the purchaser, since the said 
statement represented that the article was butter, a product containing not 
less than 80 percent by weight of milk fat as required by law, whereas it was 
not butter in that it contained less than 80 percent by weight of milk fat.
On September 12, 1933, the defendant company entered a plea of guilty to 
the information, and the court imposed a fine of $100.
M. L. WILSON, Acting Secretary of Agriculture.