10808.?Adulteration   and   misbranding   of   butter.     V.   S.   v.   07   Tuts   of   But?
ter. Decree of condemnation and forfeiture. Product released?
under bond.     (F. & D. No. 16669.    I. S. No. 2503-v.    S. No. E-4083.)
On July 26, 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 97 tubs of butter, remaining in the original unbroken pack??
ages at Philadelphia, Pa., consigned by the Montrose Cooperative Creamery,?
Montrose. Minn., alleging that the article had been shipped from Montrose,?
Minn., on or about July 14, 1922, 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, as amended.
Adulteration of the article was alleged in the libel for the reason that exces??
sive water had been mixed and packed with and substituted wholly or in part?
for the said article, and for the further reason that a valuable constituent of?
the article, to wit, butter fat, had been wholly or in part abstracted.
Misbranding was alleged in substance for the reason thai the tubs containing?
the article bore the statement, " Butter Made From Sweet Cream," which state??
ment regarding the said article and the ingredients and substances contained?
therein was false and misleading. Misbranding was alleged for the further?
reason that the article was an imitation of and was offered for sale under the?
distinctive name of another article, and for the further reason that it was food?
in package form, and the quantity of the contents was not plainly and con??
spicuously marked on the outside of the package.
On July 27, 1922, Clinton G. Heyd, Philadelphia, Pa., having entered an?
appearance as claimant for the property, judgment of condemnation and for??
feiture was entered, and it was ordered by the court that the product be re??
leased to the said claimant upon payment of the costs of the proceedings and?
the execution of a bond in the sum of $4,000, in conformity with section 10 of?
the act, conditioned in part that it be reworked under the supervision of this?
department.?
0 w  pUGSLEY( Acting Secretary of Agriculture.