10397. Action to enjoin and restrain the interstate shipment of adulterated and
misbranded butter.    IT. S. v. Potomac Creamery Co., Inc., and William 
G. McKay.   Injunction granted.    (In. No. 156.)
tomac Creamery Co., Inc., of Hagerstown, Md., and William G. McKay, presi- 
dent of the corporation. The complaint alleged that since August 20,1943, the 
defendants had been and were manufacturing butter under insanitary condi- 
tions whereby it had become, and was being, contaminated with filth; that 
the butter so manufactured was adulterated in violation of Section 402 (a) (3) 
and (4) in that it consisted in whole or in part of a filthy and decomposed 
substance, and had been prepared, packed, and held under insanitary conditions 
whereby it became, and was becoming, contaminated with filth. The com- 
plaint alleged further that the defendants were causing introduction and 
delivery for introduction into interstate commerce, butter which was mis- 
branded in violation of Section 403 (e) (2) in that it failed to bear a label 
containing an accurate statement of the quantity of the contents. Investiga- 
tion of interstate shipments and inspections of the creamery showed, among 
other conditions, the existence of the following: The defendants were accepting 
and using a material amount of decomposed cream in the manufacture of 
butter; butter produced, wrapped, and awaiting distribution at the plant was 
short-weight; shipments of butter made by the defendants were found to have 
been made from decomposed cream and to contain filth; the creamery was 
located in an old building which had unscreened doors and windows; flies and 
roaches had access to the plant; and the building was rat-infested, as evidenced 
by large numbers of rat pellets.
PRAYER OF COMPLAINT : That an injunction issue enjoining and restraining the 
defendants from commission of the acts complained of.
DISPOSITION : January 9, 1947. The defendants having consented to the entry 
of a decree, an injunction was issued restraining the defendants from intro- 
ducing or delivering for introduction into interstate commerce adulterated 
and misbranded dairy products which the defendants had manufactured or 
would manufacture in the future.