27285. Adulteration and misbranding of butter.     U.  S.  v.  Challenge  Cream  &-
Butter  Association.     Plea   of  guilty.     Fine,   $50.     (F.   &  D.  no.   38002. 
Sample nos. 46707-B, 46725-B, 46730-B, 46732-B, 46740-B.)
This case involved butter that contained less than 80 percent of milk fat.
On September 12,1936, the United States attorney for the Northern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Challenge Cream & Butter Association, a 
corporation, at San Francisco, Calif., alleging that the defendant sold on or about 
January 14, 28, and 31,1936, to the American Factors, Ltd., San Francisco, Calif., 
quantities of butter under a guaranty that it complied with the requirements of 
the Federal Food and Drugs Act; that subsequently the American Factors, Ltd. 
shipped the article in the identical condition as when so sold on or about the date 
of said sale from the State of California into the Territory of Hawaii, and that 
the article was adulterated and misbranded in violation of said act The infor- 
mation further alleged that the defendant company had shipped on or about 
January 21, 1936, from the State of California into the Territory of Hawaii a 
quantity of butter that was adulterated and misbranded. The cases were labeled 
in part: "Challenge Butter Challenge Cream & Butter Assn." A portion of the 
cartons were labeled: "The Genuine Modesto Butter * * * Manufactured 
By Milk Producers Association of Central California." The remainder of the 
cartons were labeled: "Danish Creamery Pasteurized Butter Danish Creamery 
Association Distributed by Challenge Cream and Butter Assn.   Los Angeles."
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, which the 
said article purported to be.
It was alleged to be misbranded in that there were borne on the cases and 
cartons aforesaid the statements "Challenge Butter" and "The Genuine Modesto 
Butter", respectively; in that said article contained less than 80 percent by weight 
of milk fat; that each of said statements was false and misleading when applied 
to an article of food containing less than 80 percent by weight of milk fat.
On May 22, 1937, a plea of guilty was entered on behalf of the defendant and 
the court imposed a fine of $50.
H. A. WALLACE, Secretary of Agriculture.