24816. Adulteration and misbranding of butter.    IT. S. v. Finke Creamery Co.
Plea of guilty.    Fine, $20 and costs.     (F. & D. no. 33774.    Sample no. 
66742-A.)
This case involved an interstate shipment of butter which was deficient in 
milk fat.
On October 19, 1934, the United States attorney for the District of Nebraska, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
an information against the Finke Creamery Co., a corporation, Scottsbluff, 
Nebr., alleging shipment by said company in violation of the Food and Drugs 
Act, on or about February 1, 1934, from the State of Nebraska into the State 
of Wyoming of a quantity of butter which was adulterated and misbranded. 
The article was labeled in part: "Scottsbluff Brand * * * Made by Finke 
Creamery Co. Creamery Butter   Sidney, Neb.    Scottsbluff, Neb."
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 must contain not less than 80 percent by weight of milk fat as defined by 
the act of Congress of March 4, 1923, which the article purported to be.
Misbranding was alleged for the reason that the statement "Butter", borne 
on the label, was false and misleading, and for the further reason that the 
article was labeled so as to deceive and mislead the purchaser, since the said 
statement represented that the article was butter, as defined by law, whereas 
it was not butter as so defined, but was a product containing less than 80 
percent by weight of milk fat.
On June 10, 1935, a plea of guilty was entered on behalf of the defendant 
company and the court imposed a fine of $20 and costs.
W. R. GEEGG, Acting Secretary of Agriculture.