27418. Adulteration and misbranding of butter.     U. S. v. Adolph Peter Erickson
(Progress   Creamer?).     Plea  of  guilty.     Fine,  $200  and  costs.     (F. &
D. no. 38624.    Sample nos. 21841-C, 21842-C.)
This case involved butter that was deficient in milk fat.
On February 25, 1937, 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 Adolph Peter Erickson, trading as 
Progress Creamery, Vancouver, Wash., charging shipment by said defendant 
in violation of the Food and Drugs Act on or about September 25, 1936, from 
the State of Washington into the State of Oregon of quantities of butter that 
was adulterated and misbranded. The article was labeled in part: "State 
Department of Agriculture Licensed Distributor No. 14. * * * Springbrook 
Butter.    *   *    *    Springbrook Dairy, Portland, Oregon."
It 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 March 4, 1923, which the article purported to be.
The article was alleged to be misbranded in that the statement "Butter", 
borne on the package, was false and misleading and was borne on the package 
so as to deceive and mislead the purchaser, since it represented that the article 
was butter, a product which should contain not less than 80 percent by weight 
of milk fat; whereas it did not contain 80 percent by weight of milk fat but 
did contain a lesser amount.
On May 17, 1937, a plea of guilty was entered on behalf of the defendant 
and the court imposed a fine of $200 and costs.
M. L. WILSON, Acting Secretary of Agriculture.