25248. Adulteration and misbranding of butter.     XJ. S. v. Toulon Milk Products
Co.    Plea   of   guilty.     Fine,   $100.     (F.   &   D.   no.   35975.    Sample   no. 
31959-B.)
This case was based on an interstate shipment of butter which contained 
less than 80 percent of milk fat.
On September 9, 1935, the United States attorney for the Southern District 
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against the Toulon Milk Products Co., a corpora- 
tion, Toulon, Ill., alleging shipment by said company in violation of the Food 
and Drugs Act, on or about June 18, 1935, from the State of Illinois into the 
State of Wisconsin of a quantity of butter which was adulterated and mis- 
branded. The article was labeled in part: [Print] "Swift's Premium Quality 
Brookfield Butter    *    *    *    Distributed by Swift & Company."
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 must 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 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 it was 
labeled so as to deceive and mislead the purchaser, since the article was not 
butter as defined by law.
On December 16, 1935, a plea of guilty was entered on behalf of the defendant 
company and the court imposed a fine of $100.
"W. R GEEGG, Acting Secretary of Agriculture.