22094. Adulteration and misbranding of butter.     TJ. S. v. Joe S. Mcllhaney 
(Mcllhaney Creamery Co.).     Plea of guilty.      Fine, $25.     (F.  & D.
no. 30320.    I. S. no. 32207.)
Samples of butter taken from the shipment involved in this case were found 
to be low in milk fat and to be short weight
On October 31, 1933, the United States attorney for the Western District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against Joe S. Mcllhaney, trading as Mellhaney Cream- 
ery Co., Lubbock, Tex., alleging that on or about January 26, 1932, the defend- 
ant had delivered to an agent for shipment in interstate commerce, from El 
Paso, Tex., to La Cruces, N. Mex., a quantity of butter which was adulterated 
and misbranded in violation of the Food and Drugs Act as amended. The 
article was labeled in part: (Carton) "Mcllhaney's Creamery Butter * * * 
Mcllhaney Creamery Co., Lubbock Texas, One Pound Net."
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 must contain not less than 80 percent of 
milk fat as required by the act of Congress of March 4, 1923, which the article 
purported to be-
Misbranding was alleged for the reason that the statements, " Butter " and 
" One Pound Net" borne on the cartons, were false and misleading, and for the 
further reason that the article was labeled so as to deceive and mislead the 
purchaser, since it did not comply with the requirements of the law defining 
butter, and since each of a number of the cartons 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 conspic- 
uously marked on the outside of the package, since the statement made was 
incorrect.
On April 5,1934, the defendant entered a plea of guilty, and the court imposed 
a fine of $25.
M. L. WILSON, Acting Secretary of Agriculture.