30585. Misbranding of  butter.     U.   S.   v.  Western  Produce   Co.,  Inc.   (Lubbock
Poultry & Egg Co.).    Plea of guilty.     Fine, 9100 and costs.     (F. & D.
No. 42700.    Sample Nos. 27276-D, 30629-D, 30631-D, 30640-D.)
This product was short of the declared weight.
On April 20, 1939, the United States attorney for the Northern District of 
Texas, acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against the Western Produce Co., Inc., trading as the 
Lubbock Poultry & Egg Co., Lubbock, Tex., alleging shipment by said defendant 
in violation of the Food and Drugs Act as amended, within the period from 
on or about July 30 to on or about September 8, 1938, from the State of Texas 
into the State of New Mexico, of quantities of butter which was misbranded. 
It was labeled in part: "Finest Creamery Butter * * * Put up for Safe- 
way Stores, Incorporated"; or "Clear Brook Creamery Butter Distributed by 
Wilson & Co."
The article was alleged to be misbranded in that the statement borne on the 
cartons, "Net Weight One Pound" or "Net Weight 1 Pound," was false and 
misleading and tended to deceive and mislead the purchaser since the cartons 
contained less than the amount stated. Misbranding was alleged further in 
that it was food in package form and the quantity of contents was not plainly 
and conspicuously marked on the outside of the packages.
On May 15, 1939, a plea of guilty was entered on behalf of the defendant and 
the court imposed a fine of $100 and costs.
M. L. WILSON, Acting Secretary of Agriculture.