10859.?Adulteration and misbranding of butter.    IT. S. v. 48 Tubs of Butter.
Decree  of condemnation and forfeiture.     Product released under?
bond.    (F. & D. No. 16694.    I. S. No. 2505-v.    S. No. E-4096.)
On July 31, 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, and on August 3,?
1922, an amended libel, praying the seizure and condemnation of 48 tubs of
N. J. 10851-10900.]    SERVICE  AND REGULATORY ANNOUNCEMENTS.      477
butter, remaining in the original unbroken packages at Philadelphia, Pa., con??
signed by Montrose Cooperative Creamery, Montrose, Minn., alleging that the?
article had been shipped from Montrose, Minn., on or about July 21, 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?
excessive water had been mixed and packed with and substituted wholly or?
in part for the article, and for the further reason that a valuable constituent?
of the said article, to wit, butter fat, had been wholly or in part abstracted.
Misbranding was alleged in substance for the reason that the tubs con??
taining the article bore the statement, to wit, "Butter Made from Sweet Cream,"?
regarding the article and the ingredients and substances contained therein,?
which was false and misleading in that the said tubs did not contain butter?
made from sweet cream. Misbranding was alleged for the further reason?
that the article was food in package form, and the quantity of the contents?
was not plainly and conspicuously marked on the outside of the package.
On August 3, 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?
released to the said claimant upon payment of the costs of the proceedings?
and the execution of a bond in the sum of $2,000, in conformity with section?
10 of the act, conditioned in part that it be reworked under the supervision of?
this department.
C. F. MARVIN, Acting Secretary of Agriculture.