22556. Adulteration and misbranding of butter. U.' S. v. Mutual Creamery 
Co. Plea of guilty. Fine, 828. (F. & D. no. 31500. Sample nos. 
23141-A, 23142-A.)
This case involved interstate shipments of butter that contained less than 
80 percent by weight of milk fat.
On April 14, 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 Mutual Creamery Co., a corporation, Salt 
Lake City, Utah, alleging shipment by said company in violation of the Food 
and Drugs Act, on or about May 2 and May 9, 1933, from the State of Utah 
into the State of Nevada, of quantities of butter which was adulterated and 
misbranded. On May 5, 1934, the information was amended. The article was 
labeled in part: " Maid O' Clover * * * Butter * * * Manufactured 
& Distributed by Mutual Creamery Company   *    *   *    Salt Lake City, Utah."
It was alleged in the information that the article was adulterated in that 
a product which contained 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 the 
article was labeled so as to deceive and mislead the purchaser, since the said 
statement represented that it was butter, a product which should contain not 
less than 80 percent by weight of milk fat as prescribed by law, whereas it 
contained less than 80 percent of milk fat.
On May 31, 1934, a plea of guilty was entered on behalf of the defendant 
company, and the court imposed a fine of $28.
M. L. WILSON, Acting Secretary of Agriculture.