7334. Adulteration  and  Misbranding of   outter.     TJ.   S.    *    *    *    v.   50  Cases
of Buttei*. Consent decree of condemnation and forfeiture. Prod- 
uct ordered released on bona. (F. & D. No. 10101. I. S. No. 16186-r. 
S.  No.  E-1324.)
On April 29, 1919, the United States attorney for-, the Southern District of 
Georgia, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel for the seizure and 
condemnation of 50 cases, each containing 30 1-pound cartons of butter, remain- 
ing unsold in the original unbroken packages at Savannah, Ga., alleging that 
the article had been shipped on or about. April 14, 1919, by Swift & Co., Nash- 
ville, Tenn., and transported from the State of Tennessee into the State of 
Georgia, and charging adulteration and misbranding in violation of the Food 
and Drugs Act, as amended. The article was labeled in part, " Brookfleld 
Creamery Butter 1 lb. Net Weight    *    *    * ?   Swift & Co. U. S. A. Distributor."
Adulteration of the article was alleged in the libel for the reason that a sub- 
stance deficient in milk fat had been mixed and packed with, and substituted 
wholly or in part for, creamery butter, which the article purported to be.
Misbranding of the article was alleged for the reason that the cartons were 
labeled as containing 1 pound net weight, whereas, in truth and in fact, said 
statement was false and misleading in that the cartons contained materially 
less than 1 pound net weight each. Misbranding of the article was alleged 
for the further reason that the statement, to wit, " Creamery Butter," was false 
and misleading and deceived and misled the purchaser into the belief that the 
article was creamery butter, when, in truth and in fact, it was not, but was a 
product deficient in milk fat. Misbranding of the article was alleged for the 
further reason that it was food in package form, and the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the packages 
in terms of weight.
On May 15, 1919, the said Swift & Co., claimant, having consented to a 
decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be delivered to said claimant upon the 
payment of the costs of the proceedings and the execution of a bond in the sum 
of $1000, in conformity with section 10 of the act.
C. F. MAEVIN, Acting Secretary of Agriculture.