24573. Adulteration and misbranding of butter.     V. S. v. Washington Cream¬
ery Co. Plea of guilty. Fine, $300 and costs on first count and $300 
on each of seven other counts. Fines on all counts but first suspended 
for 5 years.     (F. & D. no. 33930.    Sample nos. 55095-A, 73376-A, 73393-A.)
This case was based on shipments of butter that contained less than 80 
percent by weight of milk fat, and portions of which were also short weight.
On March 15, 1935, 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 the Washington Creamery Co., 
Seattle, Wash., alleging shipment and delivery for shipment by said company 
in violation of the Food and Drugs Act as amended, on or about June 9, 
June 12, and June 15, 1934, from Seattle, Wash., to Alaska of quantities of 
butter which was adulterated and misbranded. The article was labeled in 
part: "Premier Brand [or "Blue Ribbon Brand"] Butter One Pound Dis- 
tributed by Washington Creamery Co.   Seattle, Washington."
The article was alleged to be adulterated in that a product containing 
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 required by the act of Congress of March 4, 1923, which the article pur- 
ported to be.
Misbranding was alleged for the reason that the statement "Butter", with 
respect to all lots, and the statement "One Pound", with respect to portions 
of the article, were false and misleading, and for the further reason that it 
was labeled so as to deceive and mislead the purchaser, since it was not butter 
in that it contained less than 80 percent by weight of milk fat, and the pack- 
ages in certain lots contained less than 1 pound thereof. Misbranding of 
certain lots was alleged for the further reason that the article was food in 
package form and the quantity of the contents was not plainly and conspic- 
uously marked on the outside of the package, since the statement made was 
incorrect.
On April 15, 1935, a plea of guilty was entered on behalf of the defendant 
company; and the court imposed a fine of $300 and costs on the first count 
of the information, and a fine of $300 on each of the remaining counts. 
Sentence was suspended on all counts, but count one, for 5 years.
W. R. GBEGG, Acting Secretary of Agriculture.