12356. Misbranding of butter.     TJ. S. v.  Charles C. Martin  (Martin Bros. &
Co.).     Plea   of   guilty.     Fine,   $150   and   costs.     (F.   &  D.   No.   17144. 
I. S. No. 14306-t.)
On April 6, 1923, the United States attorney for the District of Colorado, act- 
ing upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district an information against Charles C. Mar- 
tin, trading as Martin Bros. & Co., Denver, Colo., alleging shipment by said 
?defendant, in violation of the food and drugs act as amended, on or about 
May 17, 1922, from the State of Colorado into the State of Wyoming, of a 
?quantity of butter which was misbranded. The article was labeled in part: 
" Blue Hill Brand Butter 1 Pound."
Examination, by the Bureau of Chemistry of this department, of 30 pack- 
ages from the consignment showed that the average net weight of the said 
.packages was 15.59 ounces.
Misbranding of the articles was alleged in the information for the reason 
that the statement, to wit, " 1 Pound," borne on the packages containing the 
.article, regarding, the said article, was false and misleading in that it repre- 
sented that each of said packages contained 1 pound of the article, and for 
the further reason that it was labeled as aforesaid so a^ to deceive and mis- 
lead the purchaser into the belief that each of said package^ contained 1 pound 
of the article, whereas, in truth and in fact, each of said packages did not 
?contain 1 pound of the article but did contain a less amount. Misbrand- 
ing was alleged for the further reason that the article was food in package 
form and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package.
On March 8, 1924, the defendant entered a plea of guilty to the informa- 
tion, and the court imposed a fine of $150 and costs.
HOWABD M. GOEE, Acting Secretary of Agriculture.