21751. Adulteration and misbranding of butter.    U. S. v. Harry A. Ernster
and Raymond J. Ernster (Ernster Bros.). Plea of guilty. Fine, 
$25.     (F. & D. no. 27495.     I-S. no. 25168.)
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 May 6, 1932, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the dis-
trict court an information against Harry AT Ernster and Raymond J. Ernster, 
copartners, trading as Ernster Bros., Chicago, Ill., alleging shipment by said 
defendants in violation of the Food and Drugs Act, on or about May 25. 1931, 
from the State of Illinois into the State of Indiana, of a quantity of butter 
that was adulterated and misbranded. The article was labeled in part: " Pure 
Creamery Butter Quality Brand    *    *    *    Packed for Haxson Dairy Co., Inc."
It was alleged in the libel 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 80 percent by weight of 
milk fat as prescribed by the act of March 4, 1923, which the article purported 
to be.
Misbranding was alleged for the reason that the statement, " Butter ", borne 
on the label was false and misleading, 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 was not 
butter,  since  it contained   less  than  80  percent  by   weight   of milk  fat.
On December 11, 1933, a plea of guilty to the information was entered on 
behalf of the defendants, and the court imposed a fine of $25.
M. L. WILSON, Acting Secretary of Agriculture.