10519. Adulteration   and   Misbranding of   butter.      U.   S.      *      *      *      v.   64
Boxes of Butter * * *. Consent decree of condemnation and 
forfeiture. Product released on bond. (F. & D. No. 16138. I. S. 
No. 8119-t.     S. No. B-3855.)
On April 25, 1922, the United States attorney for the Eastern District of 
Pennsylvania, 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 64 boxes, each containing 30 pounds, of an article purporting to 
be butter, remaining in the original unbroken packages at Philadelphia, Pa., al- 
leging that the article had been shipped on or about April 11, 1922, by the Eggles- 
ton Creamery & Produce Co., Eggieston, Minn., and transported from the State 
of Minnesota into the State of Pennsylvania, and charging adulteration and 
misbranding in violation of the Food and Drugs Act.
Adulteration of the article was alleged in the iibel for the reason that exces- 
sive moisture had been mixed and packed with and substiKited wholly or in 
part for the article, and for the further reason that a valuable constituent, to 
wit, butter fat, had been in part abstracted.
Misbranding was alleged in substance for the reason that the packages pur- 
ported to contain butter, when in fact they did not.
On May 15, 1922, J. J. McDonald, Philadelphia, Pa., having entered his ap- 
pearance as claimant of the goods, judgment of condemnation and forfeiture 
was entered, and it was ordered by the court that the product might be released 
to said claimant upon payment of the costs of the proceedings and the execution 
of bond in the sum of $1,200, in conformity with section 10 of the act, condi- 
tioned in part that the product be relabeled [reworked] under the supervision 
of this department.
C. W. PUGSLEY, Acting Secretary of Agriculture.