2366. Adulteration of  butter.     XJ.   Si   v.   Blue   Bell   Creameries.     Plea  of  nolo
contendere.    Fine, $300.    (F, D; C. No. 2932.   Sample Nos. 35004-E,; 35005-E, 
¦    35006-E.) 
, 

On May 17, '1941, the United States ^attorney for the Western District of 
Texas filed an information against the Blue Bell Creameries, a corporation, 
Brenham, Tex., alleging that on or about May 4, 1940, the defendant gave to 
the Houston Packing Co. of Houston^ Tex.y; ai guaranty that all butter or dairy 
products delivered or shipped by ;the defendant to Houston Packing Go. would 
pot be; adulterated in violatldn of the Federal Food,:Drug; and Cosmetic;Act; 
that within the period from on or about May 22 to May 81; 1940, the; defendants 
sold= and; delivered to .Houston-Paeking Co. a quantity, off Gutter; aadhthaic the
butter so sold and delivered by the defendant was shipped in interstate com- 
merce by the purchaser during the same period.
The information alleged further that the butter so sold and shipped was 
adulterated in that a valuable constituent, milk fat, had been in part omitted, 
and in that a product which contained less than 80 percent by weight of milk 
fat had been substituted for butter; and that, by reason of the guaranty and 
the sale and delivery thereunder of adulterated butter, the defendant had 
unlawfully given to the Houston Packing Co. a guaranty that was false.
On June 13, 1941, the defendant entered a plea of nolo contendere and the 
court imposed a fine of $300.