25280. Adulteration and misbranding of ram and butter tottee.    V. S. v. BI. J.
Holloway & Co. Plea of guilty. Fine, $20. (F. & D. no. 34052. 
Sample no. 6577-B.)
This case was based on an interstate shipment of an article described as 
rum and butter toffee, which contained artificial rum flavor and a fat other 
than butterfat, and the quantity of the contents of the package was not 
correctly stated.
On July 3, 1935, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against M. J. Holloway & Co., a corporation, 
Chicago, Ill., charging shipment by said corporation, in violation of the 
Food and Drugs Act, on or about June 12, 1934, from the State of Illinois 
into the State of Connecticut of a quantity of an article, designated as "Hollo- 
way's Rum & Butter", which was adulterated. The article was labeled: 
"Holloway's 5 Lbs. Net Wt. Rum & Butter Manufactured by M. J. Holloway 
& Co.   Chicago."
The article was alleged to be adulterated in that a substance containing 
artificial rum flavor and a fat other than butterfat had been substituted for rum 
and butter toffee, a product flavored with natural rum flavor and prepared 
with butter as its source of fat, which the article purported to be. The article 
was alleged to be misbranded in that it was food in package form and the 
quantity of the contents was not plainly and conspicuously marked on the out- 
side of the package.
On October 24, 1935, a plea of guilty was entered on behalf of the defendant 
corporation and the court imposed a fine of $20.
R. G. TUGWEIX, Acting Secretary of Agriculture.