23353. Adulteration and misbranding of butter.    U. S. v. Chapin & Adams
Co.     Plea   of  nolo   contendere.     Fine,   $100.      (F.   &  D.   no.   33769. 
Sample no. 47019-A.)
This case was based on an interstate shipment of oleomargarine labeled as 
" Creamery Butter."
On September 12, 1934, the United States attorney for the District of 
Massachusetts, acting upon a report by the Secretary  of Agriculture, filed
in the district court an information against the Chapin & Adams Co., a 
corporation, trading at Boston, Mass., alleging shipment by said company in 
violation of the Food and Drugs Act, on or about March 1, 1984, from the 
State of Massachusetts into the State of Connecticut, of a quantity of a 
product invoiced as " butter ", which was adulterated and misbranded. The 
article was labeled in part: " Country Roll Creamery Butter."
The article was alleged to be adulterated in that oleomargarine had been 
substituted for butter, which the article purported to be.
Misbranding was alleged for the reason that the statement " Creamery 
Butter ", borne on the label, was false and misleading, and in that it was 
so labeled as to deceive and mislead the purchaser, since it was not butter, 
but was oleomargarine. Misbranding was alleged for the further reason 
that the article was an imitation of another article, and was offered for sale 
under the distinctive name of said other article, namely, butter.
On October 15, 1934, a plea of nolo contendere was entered on behalf of 
the defendant company and the court imposed a fine of $100.
M. L. "WILSON, Acting Secretary of Agriculture.