22685. Adulteration and misbranding of butter.     U.  S. -v.  Kyle  Creamery
Association.    Plea of guilty.    Fine, $25.     (F. & D. no. 31313.    Sample 
no. 35179-A.)
This case was based on a shipment of butter that contained less than 80 
percent by weight of milk fat.
On May 10, 1934, the United States attorney for the Southern District of 
Indiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Kyle Creamery Association, a corpora- 
tion, Aurora, Ind., alleging shipment by said company in violation of the Food 
and Drugs Act, on or about May 4, 1933, from the State of Indiana into the 
State of Ohio, of a quantity of butter which was adulterated and misbranded.
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 wrapper, was false and misleading, and for the further reason that the 
article was labeled so as to deceive and mislead the purchaser, since it was 
not butter as defined by law, in that it contained less than 80 percent by weight 
of milk fat.
On September 29,1934, a plea of guilty was entered on behalf of the defendant 
company, and the court imposed a fine of $25.
M. L. WILSON, Acting Secretary of Agriculture.