22476. Adulteration and misbranding of butter. U. S. v. Mountain States 
Creamery. Plea of guilty. Fine, $40. (F. & D. no. 31437. Sample 
nos. 24284-A, 29531-A, 29532-A, 29535-A, 29537-A, 29635-A, 29713-A, 
29717-A, 36173-A.)
This case was based on several interstate shipments of butter, samples of 
which were found to contain less than 80 percent by weight of mill? fat.
On May 5, 1934, the United States attorney for the District of Utah, acting 
upon a report by the Secretary of Agriculture, filed in the district court an 
information against the Mountain States Creamery Co., a corporation, Salt 
Lake City, Utah, alleging shipment by said company, on or about October 11, 
1932, April 13, May 2, May 4, May 6, July 25, and July 28, 1933, from the 
State of Utah into the State of California, of quantities of butter which was 
adulterated and misbranded. One shipment of the article was in the form of 
cubes, labeled " Butter." The remaining shipments consisted of print butter 
labeled in part, variously: " Mountain Maid Creamery Butter * * * Moun- 
tain States Creamery Co. Salt Lake City, Utah"; "Young's Special Butter 
* * * Put up for Young's Market Company"; " Swift's Premium Quality 
Brookfield Butter   *    *    *    Swift & Company,    *    *   *    Chicago."
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 substi- 
tuted 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 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 which contained 
80 percent by weight of milk fat, whereas it was not butter since it contained 
less than 80 percent by weight of milk fat.
On May 11, 1934, a plea of guilty was entered on behalf of the defendant 
company, and the court imposed a fine of $40.
M. L. WILSON, Acting Secretary of Agriculture.