21031. Misbranding of butter.     IT. S. v. James H. Pocock.    Flea of guilty.
Fine, $5.     (F. & D. no. 29476.    I. S. no. 23508.)
This case was based on an interstate shipment of butter1, sample packages 
of which were found to contain less than 1 pound, the declared weight. The 
packages failed to bear a plain and conspicuous statement of the quantity of 
the contents, since the statement made was incorrect.
On April 12, 1933, the United States attorney for the Western District of 
Washington, acting upon a report by the Secretary of Agriculture, filed in 
the district court an information against James H. Pocock, Seattle, Wash., 
alleging shipment by said defendant in violation of the Food and Drugs Act 
as amended, on or about April 11, 1932, from the State of Washington to 
Alaska, of a quantity of butter that was misbranded. The article was labeled 
in part: " Seattle Brand Creamery Butter. Put up by J. H. Pocock, Seattle. 
This Package Contains One Pound."
It was alleged in the information that the article was misbranded in that 
the statement " One Pound ", borne on the packages, was false and misleading, 
and for the further reason that the article was labeled so as to' deceive and 
mislead the purchaser, since the packages contained less than 1 pound. 
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 con- 
spicuously marked on the outside of the package.
On April 26, 1933, the defendant entered a plea of guilty to the information, 
and the court imposed a fine of $5.
M. L. WILSON, Acting Secretary of Agriculture.