26930. Adulteration and misbranding of butter.    TJ. S. v. Kraft-Phenix Cheese
Corporation.     Plea of guilty.    Fine,  $110.     (F. & D.  no.  34093.     Sam- 
ple nos. 4161-B, 4178-B, 4180-B, 4182-B.)
This butter contained less than 80 percent of milk fat. The statement of 
the quantity of the contents appearing on the packages of the Chiffon Whipt 
butter was inconspicuous and was incorrect in certain lots. No statement of 
the quantity of the contents appeared on the packages of the country-roll 
butter.
On April 30, 1936, the United States attorney for the Northern District of 
Mississippi, acting upon a report by the Secretary of Agriculture, filed in 
the district court an information against the Kraft-Phenix Cheese Corporation, 
having a place of business at Water Valley, Miss., alleging shipment by 
said company in violation of the Food and Drugs Act as amended, on or about 
July 14, July 27, July 28, and July 29, 1934, from the State of Mississippi 
into the State of Louisiana, of quantities of butter that was adulterated and 
misbranded. A portion of the article was labeled: (Case) "40 Half Pound 
Packages"; (package) "Chiffon Whipt Butter * * * Created by Kraft 
Kraft-Phenix Cheese Corporation * * * Chicago, Illinois * * * Net 
Wt. % Lb." (The statement of weight on the packages was inconspicuous.) 
The remainder was labeled "Country Bolls."
The article was alleged to be adulterated in that a product which contained 
less than 80 percent by weight of milk fat had been substituted for butter, 
a product which should contain not less than 80 percent by weight of milk fat 
as prescribed by the act of Congress of March 4, 1923, which the article 
purported to be.
The Chiffon Whipt butter was alleged to be misbranded in that the statement 
"Butter", with respect to all lots, and the statements "Half-Pound" and "Net 
Wt. % Lb.", with respect to portions thereof, were false and misleading and 
were applied to the article so as to deceive and mislead the purchaser, since 
it contained less than 80 percent by weight of milk fat,, the standard for 
butter prescribed by Congress; and the packages in certain shipments con- 
tained less than one-half pound. Misbranding was alleged with respect to 
all lots 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.
On December 9, 1936, a plea of guilty was entered on behalf of the defendant 
and the court imposed a fine of $110.
W. B, GBEGG, Acting Secretary of Agriculture.