22885. Adulteration and misbranding of butter. U. S. v. Shelby Creamery 
Co. Plea of srullty. Fine, 1 cent and costs. (F. & D. no. 32088. 
Sample no. 89200-A.)
This case was based on a shipment of butter that was deficient in milk fat and 
which was short weight.
On May 25, 1934, the United States attorney for the Western District of 
North Carolina, acting upon a report by the Secretary of Agriculture, filed in 
the district court an information against the Shelby Creamery Co., a corpora- 
tion, Shelby, N. C., alleging shipment by said company, In violation of the 
Food and Drugs Act as amended, on or about September 7, 1933, from the State 
of North Carolina into the State of Georgia, of a quantity of butter which was 
adulterated and misbranded. The article was labeled in part: " Shelby Gilt 
Edge Creamery Butter * * * Shelby Creamery Company, Shelby, N. C. 
*    *    *   One Pound net."
The article was alleged to be 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 Congress of March 4, 1923, which the article 
purported to be.
Misbranding was alleged in that the statements, " Butter " and " One Pound 
Net", borne on the label of the package, were false and misleading, and for the 
further reason that the article was labeled so as to deceive and mislead the 
purchaser, since the said statements represented that the article was butter, 
a product which should contain not less than 80 percent by weight of milk fat,
and that the packages contained 1 pound thereof, whereas it contained less 
than 80 percent of milk fat and the packages contained less than 1 pound. 
Misbranding 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 September 27, 1934, a plea of guilty was entered on behalf of the defend- 
ant company, and the court imposed a fine of 1 cent and costs.
M. L. WILSON, Acting Secretary of Agriculture.