20402. Misbranding of butter.    V. S. v. William Louis Korter (Idaho Dairy
Products   Co.).     Plea   of   guilty  to  count  2.     Count   1   dismissed. 
Fine, $100.     (F. & D. no. 27465.    I. S. no. 12522.)
This action was based on the interstate shipment of a quantity of butter 
which was not properly labeled to indicate the quantity of the contents, since 
samples taken from the shipment were found to contain less than 16 ounces, 
the amount declared on the label.
On November 17, 1931, the United States attorney for the District of Idaho, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for the district aforesaid an information against William 
Louis Korter, trading as the Idaho Dairy Products Co., Moscow, Idaho, alleging 
shipment by said defendant in violation of the Food and Drugs Act as amended, 
on or about May 8, 1931, from the State of Idaho into the State of Washington, 
of a quantity of butter that was misbranded. The article was labeled in part: 
" Idaho State Creamery Butter 16 Ounces Net When Packed * * * Moscow 
Brand Made by The Moscow Creamery, Moscow, Idaho."
It was alleged in count 1 of the information that the article was misbranded 
in that the statement " 16 Ounces Net", borne on the packages, was false 
and misleading, and for the further reason that the article was labeled as afore- 
said so as to deceive and mislead the purchaser, since the packages did not 
contain 16 ounces net, but did contain a less amount. Misbranding was al- 
leged in count 2 of the information for the reason that the article wag food 
in package form and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the package, since the statement made 
was incorrect.
On November 10, 1932, the defendant entered a plea of guilty to count 2 of 
the information, and the court imposed a fine of $100. Count 1 of the infor- 
mation was dismissed.
R. G. TUGWELL, Acting Secretary of Agrioiilture.