24400. Adulteration and misbranding of butter.    XT.  S. v. Newport Cream¬
ery Co.    Plea of guilty.    Fine, S80.     (F. & D. no. 33909.    Sample nos. 
73401-A, 73445-A, 73458-A, 73476-A.)
This case was based on interstate shipments of butter that contained less 
than 80 percent of milk fat.
On February 20, 1935, the United States attorney for the Eastern District 
of Washington, acting upon a report by the Secretary of Agriculture, filed in
the district court an information against the Newport Creamery Co., a corpora- 
tion, Newport, Wash., alleging shipment by said company in violation of the 
Food and Drugs Act, in various consignments on or about April 30, May 31, 
June 19, and June 28, 1934, from the State of Washington into the State of 
Idaho, of quantities of butter which was adulterated and misbranded. The arti- 
cle was labeled in part: " Mountain Rose Pure Cream Butter Newport Cream- 
ery Company Newport/Washington."
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 prod- 
uct which must contain, not less than 80 percent by weight of milk fat as re- 
quired by the act of Congress of March 4. 1923, which the article purported 
to be.
Misbranding was alleged for the reason that the statement " butter ", borne 
on the label, was false and misleading, and for the further reason that it was 
labeled so as to deceive and mislead the purchaser, since the said statement 
represented that the article was butter, a product containing not less than 80 
percent by weight of milk fat as defined by law; whereas it was not butter, 
since it contained less than 80 percent by weight of milk fat.
On March 16, 1935, a plea of guilty was entered! on behalf of the defendant 
company and the court imposed a fine of $80.
M. L. WILSON, Acting Secretary of Agriculture.