24822. Adulteration and misbranding of cream.     U. S. v. Isadore Fine.    Plea
of  guilty.    Sentence   suspended  and  defendant  placed  on  probation 
for 3 years.    (F. & D. no. 33888.    Sample no. 7127-B.)
This case involved an interstate shipment of alleged cream which was found 
to consist essentially of skimmed milk emulsified with a fat other than milk 
fat. The label of the product failed to bear a statement of the quantity of the 
contents.
On November 8, 1934, the United States attorney for the Eastern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Isadore Fine, Brooklyn, N. Y., alleging 
shipment by said defendant in violation of the Food and Drugs Act as amended; 
on or about August 28, 1934, from the State of New York into the State of 
Massachusetts of a quantity of cream which was adulterated and misbranded.
The article was alleged to be adulterated in that a substance, namely, a fat 
other than milk fat had been mixed and packed with the article so as to re- 
duce, lower, and injuriously affect its quality and strength, and in that an 
imitation cream consisting essentially of skimmed milk emulsified with a fat 
other than milk fat had been substituted for cream which the article purported 
to be.
Misbranding was alleged for the 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. Misbranding was alleged for the further reason 
that the statement "Pasteurized Heavy Cream", borne on the can containing the 
article, was false and misleading, and for the further reason that it was 
labeled so as to deceive and mislead the purchaser, since it was not pasteurized 
heavy cream, but was a product consisting essentially of skimmed milk emulsi- 
fied with a fat other than milk fat. Misbranding was alleged for the further 
reason that the article was an imitation of another article, namely, cream.
On September 25, 1935, the defendant entered a plea of guilty and was placed 
on probation for 3 years under a suspended sentence.
W. R. GBEGG, Acting Secretary of Agriculture.