21624. Adulteration aud Misbranding of butter.    U. S. v. Marshall County
Cooperative Creamery.    Plea of guilty.    Fine, $25.01.     (P. & D. no.
29459.    I.S. no. 17089.)
This case was based on an interstate shipment of butter, samples of which 
were found to contain less than 80 percent by weight of milk fat, the standard 
for butter established by Congress.
On March 3, 1933, the United States attorney for the Middle District of 
Tennessee, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Marshall County Cooperative 
Creamery, a corporation, Lewisburg, Tenn., alleging shipment by said company 
in violation of the Food and Drugs Act, on or about February 17, 1932, from 
the State of Tennessee into the State of Alabama, of a quantity of butter that 
was adulterated and misbranded. The article was labeled in part: " Sunlight 
Creamery Butter * * * The Cudahy Packing Co., Distributors General 
Office Chicago."
It was alleged in the first count of the information that the article was 
adulterated in that a product which contained less than 80 percent by weight 
of milk fat had been substituted for butter, a product which should contain 
not less than SO percent by weight of milk fat as prescribed by the act of 
March 4, 1923, which the article purported to be.
Misbranding was alleged in the second count of the information for the 
reason that the statement, "Butter", borne on the label, was false and mis- 
leading, and for the further reason that the article was labeled so as to 
deceive and mislead the purchaser, since the said statement represented that 
the article was butter, a product which should contain not less than 80 percent 
by weight of milk fat, whereas it contained less than 80 percent by weight of 
«"Y fat.
72593—34 2
On September IS. 1933. a plea of guilty to the information was entered on 
behalf of the defendant company, and the court imposed a fine of $25 on the 
first count and 1 cent <>n the second count, in lieu of fine and costs.
M. L. WILSON, Acting Secretary of Agriculture.