31143. Misbranding of  butter.     U.  S.  v.  John  Newton Ball   (Lexington  Ice  &
Creamery Co.). Plea of guilty, fine, $50. (F. & D. :No 39791. Sample 
No. 43426-C.)
This product was short of the declared weight.
On November 4, 1937, the United States attorney for the Southern District of 
Mississippi filed an information against John Newton Hall, trading as Lexington 
Ice & Creamery Co., at Lexington, Miss., alleging shipment on or about May 10,
1937, from the State of Mississippi into the State of Louisiana of quantities of 
butter which was misbranded. The article was labeled in part: "Clear Brook 
Creamery Butter [or "Country Roll Creamery Butter] * * * Distributed by 
Wilson & Co."
It was alleged to be misbranded in that the statements, (carton of a portion) 
"Net Weight 1 Pound," (labels of individual cubes in said cartons) "^4 Lb. Net 
Weight," and (wrappers of country roll butter) "1 Lb. Net Weight," were false 
and misleading since the cartons and wrappers contained smaller amounts of 
butter than those declared on the labels. A portion of the article was alleged to 
be misbranded 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 package. 
* On November 6, 1941, the defendant entered a plea of guilty and the court 
imposed a fine of $50.