8864. Adulteration  and misbranding of butter.     U.   S.  v.   Cody  Creamery  Co.
Plea of guilty.    Fine, $100.    (F. D. C. No. 15489.    Sample No. 69340-F.)
INFORMATION FILED: April 23, 1945, District of Wyoming, against the Cody 
Creamery Co., a corporation, Cody, Wyo.; charging the defendant with the 
giving of a false guaranty. The guaranty was given by the defendant to the 
Beatrice Creamery Co., trading as the Meadow Gold Dairies, at Billings, Mont., 
on or about September 27, 1943. It provided that the article comprising each 
shipment or delivery made by the Cody Creamery Co. would be neither adul- 
terated nor misbranded within the meaning of the Federal Food, Drug, and 
Cosmetic Act. Between the approximate dates of June 8 and 15, 1944, the 
defendant sold and delivered a quantity of butter to the Beatrice Creamery 
Co.; and on or about June 24, 1944, the Beatrice Creamery Co. shipped that 
butter from the State of Montana into the State of Wyoming. The butter so 
guarantied and shipped was adulterated and misbranded.
NATURE OF CHARGE: Adulteration, Section 402 (b) (1), a valuable constituent, 
milk fat, had been in part omitted from the product; and, Section 402 (b) (2), 
a product containing less than 80 percent by weight of milk fat had been sub- 
stituted for butter.
Misbranding, Section 403 (e) (2), the product failed to bear a label con- 
taining an accurate statement of the quantity of the contents since the cartons 
contained less than 1 pound net weight, the amount declared on the label.
DISPOSITION : May 3, 1945. A plea of guilty having been entered on behalf of 
the defendant, a fine of $50 on each of 2 counts, a total of $100, was imposed.