25228.  Misbranding of   butter.     U.   S.   v.   Swift   &   Co.     Plea  of  guilty.     Fine,
S900.     (F. & D. no. 34061.    Sample nos. 73852-A, 73855-A, 73857-A.)
This case was based on an interstate shipment of butter which was short in 
weight.
On July 18, 1935, the United States attorney for the District of Oregon, acting 
upon a report by the Secretary of Agriculture, filed in the district court an 
information against Swift & Co., a corporation trading at Portland, Oreg., 
alleging shipment by said company in violation of the Food and Drugs Act as 
amended, in part on or about June 23, 1934, and in part on or about June 28, 
1934, from the State of Oregon into the State of Washington, of quantities of
butter which was misbranded. The article was labeled in part: "Swift's Pre- 
mium Quality Brookfield Butter * * * 1 lb. net weight * * * Swift & 
Company    *    *    *   Chicago."
The article was alleged to be misbranded in that the statement, "1 Lb. Net 
Weight", borne on the labels, was false and misleading, and for the further 
reason that it was labeled so as to deceive and mislead the purchaser, since 
each of a large number of the packages contained less than 1 pound of the 
article. 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, since the packages contained 
less than represented.
On December 3, 1935, a plea of guilty was entered on behalf of the defendant 
company and the court imposed a fine of $900.
W. R. GEEGG, Acting Secretary of Agriculture.