24207. Adulteration and misbranding of butter. V. S. v. The Cudahy 
Packing: Co. of Nebraska.    Plea of guilty.    Fine, 827.     (F. & D. no.
32218.    Sample no. 23767-A.)
This case was based on an interstate shipment of butter that was deficient in 
milk fat and short weight.
On July 14, 1934, the United States attorney for the District of Utah, acting 
upon a report by the Secretary of Agriculture, filed in the district court an 
information against the Cudahy Packing Co. of Nebraska, a corporation trading 
at North Salt Lake, Utah, alleging shipment by said company in violation of 
the Food and Drugs Act as amended, on or about May 25, 1933, from the State 
of Utah into the State of Nevada, of a quantity of butter which was adulterated 
and misbranded. The article was labeled in part: " Sunlight Pasteurized Cream- 
ery Butter One Pound Net Sunlight The Cudahy Packing Co. * * * Chi- 
cago Distributors."
The article was alleged to be adulterated in that a product containing 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 pre- 
scribed by the act of Congress of March 4, 1923, which the article purported 
to be.
Misbranding was alleged for the reason that the statements, " Butter " and 
" One Pound Net", borne on the label, were false and misleading, and for the 
further reason that the article was labeled so as to deceive and mislead the pur- 
chaser, since the said statement represented that it was butter, namely, a prod- 
uct which should contain not less than 80 percent by weight of milk fat, and 
that each package contained 1 pound net; whereas it did not contain 80 percent 
by weight of milk fat and each of said packages contained less than 1 pound 
net. 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 conspicu- 
ously marked on the outside of the package.
On March 16, 1935, a plea of guilty was entered on behalf of the defendant 
company and the court imposed a fine of $27.
M. L. WILSON, Acting Secretary of Agriculture.