231.57. Misbranding of butter, U. S. v. Ar:m.onr & Co, (Armour Creameries,)
Plea of guilty. Fine, $l.OO. (F. & D. no. 32130. Sample no.
43260-A.)
Sample cartons of butter taken from the shipment involved in this case were
found to contain less than 1 pound, the weight declared on the label.
On August 16, 1934, the United States attorney for the District of North
Dakota, acting upon a report by the Secretary of Agriculture, filed in the district
court an information against Armour & Co., a corporation, trading as
Armour Creameries, Fargo, N. Dak., alleging shipment by said company in
violation of the Food and Drugs Act, as amended, on or about June 6, 1933,
from the State of North Dakota into the State of New Jersey, of a quantity
of butter which was misbranded. The article was labeled in part: "Armour's
Cloverbloom Full Cream Butter 1 Lb. Net .. Weight Armour Creameries. * * *
One Pound Net Weight."
The article was alleged to be misbranded in that the statements, " 1 Lb. Net
Weight" and "One Pound Net Weight", borne on the carton, were false and
misleading, and for the further reason that it was labeled so as to deceive
and mislead the purchaser, since each of a large number of the cartons 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, since the
statement made was incorrect.
On September 24, 1934, a plea of guilty was entered on behalf of the defendant
company, and the court imposed a fine of $100.