10916.?Adulteration and misbranding- of butter.    U. S. v. 52 Tubs of Butter.
Decree of condemnation and forfeiture.     Product released under?
bond.     (F. & D. No. 16801.    I. S. No. 2536-v.    S. No. E-4169.)
On September 8, 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 52 tubs of butter, remaining in the original unbroken?
packages at Philadelphia, Pa., consigned by the American Stores Co., from?
Grantsburg, Wis., alleging that the article had been shipped from Grantsburg,?
Wis., on or about August 23, 1922, and transported from the State of Wisconsin?
into the State of Pennsylvania, and charging adulteration and misbranding?
in violation of the Food and Drugs Act. The article was labeled in part:?
" Pasteurized Net 63 Lbs. American Stores Go. Philadelphia, Pa.    *    *    *."
Adulteration of the article was alleged in the libel for the reason that?
excessive moisture had been mixed and packed therewith so as to reduce and?
lower and injuriously affect its quality and had been substituted in part for?
the said article, and for the further reason that a valuable constituent of the?
said article, to wit, butter fat, had been in part abstracted therefrom.
Misbranding was alleged for the reason that the article was an imitation of?
and was offered for sale under the distinctive name of another article.
On October 2, 1922, the Farmers Cooperative Creamery Society having en??
tered an appearance as claimant for the property, judgment of condemnation?
and forfeiture 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 $2,500, in conformity with section 10?
of the act, conditioned in part that it be reworked under the supervision of?
this  department.
C. W. PITGSLEY, Acting Secretary of Agriculture.