22696. Adulteration and misbranding of butter.    XT. S. v. North American
Creameries, Inc.    Plea of nolo contendere.    Fine, $200.    (F. & D.
no. 31508.    Sample no. 34523-A.)
This case was based on an interstate shipment of butter, samples of which 
were found to contain less than 80 percent by weight of milk fat.
On May 24, 1934, the United States attorney for the District of Minnesota, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
an information against the North American Creameries, Inc., a corporation, 
trading at Paynesville, Minn., alleging shipment by said company in violation of 
the Food and Drugs Act, on or about April 5, 1933, from the State of Minne- 
sota into the State of Massachusetts, of a quantity of butter which was adul- 
terated and misbranded. The article was labeled in part: " Silverbrook A. & P. 
Butter * * * Packed for Or By New England Butter Whse. Springfield, 
Massachusetts."
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 per- 
cent 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 on the label, 
" Butter ", 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, whereas it was not butter, in that it con- 
tained less than 80 percent by weight of milk fat.
On June 25, 1934, a plea of nolo contendere was entered on behalf of the 
defendant company, and the court imposed a fine of $200.
M. L. WILSON, Acting Secretary of Agriculture.