26375. Adulteration and misbranding of butter.    IT.  S. v.  Joseph M.  Merritt
and Leo Watkins   (Swiss Butter Plant).    Pleas of guilty.     Fine, $100.
(F. & D. no. 37930.    Sample nos. 84837-B, 84842-B.)
This case involved an interstate shipment of butter that was deficient in 
milk fat.
On August 28, 1936, the United States attorney for the District of Wyoming, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
an information against Joseph M. Merritt and Leo Watkins, copartners, trading 
as the Swiss Butter Plant, Thayne, Wyo., alleging that on or about January 2 
and January 17, 1936, the said defendants had shipped from the State of 
Wyoming into the State of California, quantities of butter which was adulter- 
ated and misbranded in violation of the Food and Drugs Act
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.
Misbranding was alleged for the reason that the statement "Butter", borne 
on the packages, was false and misleading, and for the further reason that the 
article was labeled to deceive and mislead the purchaser in that it fell below 
the minimum standard required of a good product to be denominated as butter 
under the provisions of the act of March 4, 1923.
On October 26, 1986, pleas of guilty were entered and the court imposed a 
fine of $50 on each defendant.
M. L. WILSON", Acting Secretary of Agriculture.