28127. Adulteration and misbranding of butter.    IT. S. v. Stanley James Duncan
and   George   Clay   Powell    (Liberty   Creamery    Co.).     Plea   of   guilty. 
Fine, $25.     (F. & D. No. 39788.    Sample Nos. 31732-C, 31733-C.)
This product contained less than 80 percent of milk fat.
On October 2, 1937, the United States attorney for the Southern District of 
Indiana, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court an information against Stanley James Duncan and George Clay 
Powell, trading as the Liberty Creamery Co., alleging shipment by the defend- 
ants on or about May 4 and 11, 1937, from the State of Indiana into the State 
of Ohio of quantities of butter which was adulterated and misbranded in viola- 
tion of the Food and Drugs Act. The article was labeled in part: " 'Countryside' 
Brand Butter [or "Sunny Boy Quality Creamery Butter"] * * * Distrib- 
uted by Countryside Farm Products Co. Cincinnati, Ohio."
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 of milk fat, as prescribed 
by the act of March 4, 1923, which it purported to be.
Misbranding was alleged in that the statement "Butter," borne on the wrap- 
per, was false and misleading in that it represented that the article was butter; 
whereas it was a product which did not contain 80 percent by weight of milk 
fat.
On October 7, 1937, a plea of guilty was entered on behalf of the defendants 
and they were sentenced to pay a fine of $25.
HAEEY L. BEOWN, Acting Secretary of Agriculture.