29586. Adulteration   and misbranding of   butter.     TJ., S.  v.   Armour   &   Co.   of
Delaware (Armour Creameries).     Plea of nolo contendere.     Fine, $300.
(F. & D. No. 40756.    Sample Nos. 53311-C, 5S318-C, 53320-C.)
This product contained less than 80 percent of milk fat.
On March 21, 1938, the United States attorney for the Southern District of 
Mississippi, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against Armour & Co. of Delaware, trading 
as Armour Creameries at Meridian, Miss., alleging shipment by said company in 
violation of the Food and Drugs Act, within the period from on or about 
July 12 to on or about July 27, 1937, from the State of Mississippi into the 
State of Alabama, of quantities of butter which was adulterated and mis- 
branded. The article was labeled in part: "Armour's..Star * * * Quality 
Cloverbloom Butter."
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 pre- 
scribed, by act of March 4, 1923, which the article purported to be.
The article was alleged to be misbranded in that the statement "Butter" 
was false and misleading since itTepresented that the said article was butter, 
a product which should contain not less than 80 percent by weight of milk fat; 
whereas it contained a less amount.
On September 21, 1938, a plea of nolo contendere was entered on behalf of 
the defendant and the court imposed a fine of $300.
M. L. WILSON, Acting Secretary of Agriculture