25229. Misbranding of butter.     U.   S.  v.  Swift  &  Co.     Plea of  guilty.     Fines,
$300   on   each  of   three   counts.     Fines   suspended   on   all  counts  but 
first.     (F. & D. no. 34067.    Sample nos. 73386-A, 73387-A.)
This case was based on a shipment of butter which was short in weight.
On July 22, 1935, the United States attorney for the Western District of 
Washington, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Swift & Co., a corporation, trading at 
Seattle, Wash., alleging shipment by said company in violation of the Food and 
Drugs Act as amended, on or about June 11, 1934, from the State of Washing- 
ton to Alaska, of quantities of butter which was misbranded. The article was 
labeled in part: "1 Lb. Net Weight Swift's Premium Quality Brookfield But- 
ter   *    *    *    Swift & Company Chicago, U. S. A."
The article was alleged to be misbranded in that the statement, "1 lb. Net 
Weight", borne on the labels, was false and misleading and for the further 
reason that it was labeled so as to deceive and mislead the purchaser, since 
each of a large number of packages contained less than 1 pound of the article. 
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, since the statement made was 
incorrect.
On September 30, 1935, a plea of guilty was entered on behalf of the defend- 
ant company and the court imposed a fine of $300 on each count of the 
information. Payment of fines was suspended for 5 years on all counts but the 
first.
W. R. GREGG, Acting Secretary of Agriculture.