21688.   Misbranding of  butter.     C  S.  v.  Sugar  Creek:  Creamery  Co.     Plea 
of guilty.    Fine, $200.     (F. & D. no. 30156.    Sample nos. 8505-A, 8506-A.)
Sample packages of butter taken from the shipment on which this case was 
based were found to contain less than 1 pound, the labeled weight.
On June2, 1933, the United States attorney for the Southern District of 
Indiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Sugar Creek Creamery Co., a corpora- 
tion, trading at Evansville, Ind., alleging shipment by said company in viola- 
tion of the Food and Drugs Act as amended, on or about August 13. 19:>2. from 
the State of Indiana into the State of Pennsylvania, of a quantity of butter
that was misbranded. The article v.as labeled in part: (Carton) " Sugar Creek 
Butter * * * Full Weight One Pound General Offices Danville, Ill. * * * 
Sugar Creek Creamery Company"; (.p.moment wrapper of portion) '"One 
Pound Net Weight."
It was alleged in the Information that the article was misbranded in that 
the statement. " Full Weight One Pound'", borne on the cartons, and the state- 
ment, " One Pound Net Weight ", borne on the parchment wrappers of portions 
of the article, were false and misleading, and for the further reason that the 
article was labeled so as to deceive and mislead the purchaser, since the pack- 
ages 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 con- 
tents was not plainly and conspicuously marked on the outside of the package, 
since the statement of weight was incorrect.
On October 9, 1933, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $200.
M. L. WILSON. Acting Secretary of Agriculture.