22486. Adulteratlon and misbranding of butter. U. S. v. Carstens Packing 
Co. Plea of guilty. Fine, S150 and costs. (F. & D. no. 31501. Sample 
no. 31198-A.)
This case was based on an interstate shipment of butter that contained less 
than 80 percent of milk fat, and that was not labeled to show the quantity 
of the contents of the packages.
On May 9,1934, the United States attorney for the Western District of Wash- 
ington, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against the Carstens Packing Co., a corporation, trading 
at Seattle, Wash., alleging shipment by said company in violation of the Food 
and Drugs Act as amended, on or about May 23, 1933, from the State of Wash- 
ington into the Territory of Alaska, of a quantity of butter which was adulter- 
ated and misbranded. The article was labeled in part: "Diamond TC 
Brand Pasteurized Butter * * * This butter is guaranteed by the oys- 
ters Packing Co."
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 
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 was alleged for the reason that the statement " Butter ", borne 
on the package, was false and misleading, and for the further reason that it 
was labeled so as to deceive and mislead the purchaser, since the said state- 
ment represented that the article was butter, a product which should contain 
not less than 80 percent by weight of milk fat as prescribed by the said act 
of Congress, whereas it contained less than 80 percent of milk fat. Misbrand- 
ing was alleged for the further reason that the article was food in package 
form and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package.
On May 28, 1934, a plea of guilty was entered on behalf of the defendant 
company, and the court imposed a fine of $150 and costs.
M. L. WILSON, Acting Secretary of Agriculture.