20756. Adulteration and Misbranding of batter.   V.  S. v. Joseph Kenneth
martin     (Lortin    Farms    Creamery).     Plea    of    guilty.    Fine,    $50.
(F. & D. no. 29422.    Sample no. 5513-A.)
This case was based on a shipment of butter that was deficient in milk fat 
and short weight.
On February 4, 1933, the United States attorney for the Western District 
of Michigan, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States an information against Joseph Kenneth 
Martin, trading as the Lortin Farms Creamery, East Saugatuek, Mich., alleging 
shipment by said defendant, in violation of the Food and Drugs Act as 
amended, on or about May 9, 1932, from the State of Michigan into the State 
of Illinois, of a quantity of butter that was adulterated and misbranded. The 
article was labeled in part: " Lortin Farms Pure Creamery Butter East Sauga- 
tuek, Michigan one pound net weight."
It was alleged in the information that the article was adulterated in that 
a product containing less than 80 percent by weight of milk fat had been sub- 
stituted for butter, a product which should contain not less than 80 percent by 
weight of milk fat as prescribed by the act of Congress of March 4, 1923, which 
the article purported to be.
Misbranding was alleged for the reason that the statements, " Butter * * * 
one pound net weight", borne on the label, were false and misleading, and for 
the further reason that the article was labeled as aforesaid so as to deceive 
and mislead the purchaser, since the article was not butter as defined by law, 
and the packages contained less than 1 pound net weight. Misbranding 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 4, 1933, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $50.
R. G. TUGWELL, Acting Secretary of Agriculture.