26380. Adulteration and misbranding of butter.     IT. S. v. Klamath Falls Cream¬
ery.     Plea   of   guilty.    Fine,   $200.     (F.   &   D.   no.   38021.    Sample   nos. 
67055-B, 67056-B.)
This case involved interstate shipments of butter that was deficient in milk 
fat.
On October 7, 1936, 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 Klamath Falls Creamery, a corporation, Klamath Falls, 
Oreg., alleging that on or about June 3, 1936, the defendant had shipped from 
the State of Oregon into the State of California quantities of butter which 
was adulterated and misbranded in violation of the Food and Drugs Act. The 
article was labeled in part: "Crater Lake Butter Manufactured by Klamath 
Falls Creamery   Klamath Falls Oregon."
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 of milk fat.
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 to believe that it was butter, 
whereas it was not butter as prescribed by the act of March 4, 1923, but was a 
product containing less than 80 percent by weight of milk fat.
On October 20, 1936, a plea of guilty was entered on behalf of the defendant 
and the court imposed a fine of $200.
M. L. WILSON, Acting Secretary of Agriculture.