25857. Misbranding of butter.     TT.  S. v. Consolidated Dairy Products Co.    Plea
of guilty.    Fine, $136 and costs.    (F. & D. no. 33997.    Sample nos. 707-B 
708-B, 10915-B, 11105-B, 11120-B.)
This case was based on shipments of butter which were short-weight.
On May 13, 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 the Consolidated Dairy Products Co., a 
corporation, Seattle, Wash., alleging shipment by said company in violation 
of the Food and Drugs Act, as amended on or about July 20, July 23, July 25. 
and July 30, 1934, from the State of Washington into Alaska of quantities of 
butter that was misbranded. The article was labeled in part: "Darigold Sweet 
Cream Butter * * * One Pound Net * * * United Dairymen's Asso- 
ciation Produced and Distributed by Consolidated Dairy Products Company— 
Seattle-Tacoma."
The article was alleged to be misbranded in that the statement "One Pound 
Net", borne on the carton 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 cartons contained less than 1 pound net of butter. 
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 conspic- 
uously marked on the outside of the package, since the statement made was 
not correct.
On March 3, 1936, a plea of guilty was entered on behalf of the defendant 
company and the court imposed a fine of $135 and costs. 
'
W. R. GKEGG, Acting Secretary of Agriculture.