24843. Adulteration and misbranding of butter. U. S. v. Borden's Produce Co.,
Inc. (Kirschbraun Division). Plea of guilty. Fine, $25 and costs.
(F. & D. no. 34045. Sample no. 2440-B.)
This case was based on an interstate shipment of butter which was deficient
in milk fat, and a part of which contained fragments of insects, rodent hairs,
and nondescript debris.
On June 22, 1935, the United States attorney for the District of Nebraska,
acting upon a report by the Secretary of Agriculture, filed in the district
court an information against Borden's Produce Co., Inc., (Kirschbraun Division),
trading at Omaha, Nebr., alleging shipment by said company in violation
of the Foods and Drugs Act on or about August 8, 1934, from the State
of Nebraska into the State of Michigan of a quantity of butter which was
adulterated and misbranded.
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 must contain not less than 80 percent by weight of milk fat,
as defined by the act of Congress of March 4, 1923, which the article purported
to be. Adulteration was alleged with respect to a portion of the article for
the further reason that it consisted in whole or in part of a filthy animal
substance.
· Misbranding was alleged for the reason that the statement "Butter", borne
on the case 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
the said statement represented that the article was butter, a product which
rnust contain not less than 80 percent by weight of milk fat; whereas it was
not butter, since it contained less than 80 percent by weight of milk fat.
On July 16, 1935, a plea of guilty was entered on behalf of the defendant
company and the court imposed a fine of $25 and costs.