31051.  Misbranding of butter.     U. S. v.  Mutual Creamery Co.     Plea of guilty. 
Fine, ?80!    (F. & D. No. 42766.    Sample Nos. 27379-D, 27380-D, 41302-D.)
This case involved shipments of butter that was short weight.
On November 13, 1939, the United States attorney for the District of Colorado, 
acting upon a report by the Secretary of Agriculture, filed in the district 
court an information against the Mutual Creamery Co., a corporation trading 
at Grand Junction, Colo., alleging shipment by said company in violation of 
the Food and Drugs Act as amended, on or about July 6, 1938, from the State 
of Colorado into the State of Arizona of quantities of butter which was mis- 
branded.   The article was labeled in part: "Maid O Clover Four in One Butter."
Misbranding was alleged in that the statement "One Pound Net," borne on 
the carton, was false and misleading and was borne on said carton so as to 
deceive and mislead the purchasers since the carton did not contain 1 pound 
net of the article but did contain a smaller amount. 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, since the statement "One Pound Net" was not a true and correct 
statement of the quantity of contents.
On December 4, 1939, J. Eastman Hatch, trustee of the Mutual Creamery 
Co., debtor, filed a plea to the jurisdiction alleging that the district court for 
the District of Utah had exclusive jurisdiction of the defendant corporation 
and of its property wherever located and praying that the action be abated or if 
not, that it be transferred to the district court for the District of Utah. The 
plea to the jurisdiction was overruled by the court without opinion and on 
January 12, 1940, a plea of guilty having been entered on behalf of the de- 
fendant, the court imposed a fine of $80.
GEOVEE B. HILL, Acting Secretary of Agriculture.