11079.?Adulteration and misbranding of butter.    U. S. v. 5 Tuns of Butter.
Consent    decree    of   condemnation,   forfeiture,   and   destruction.
(F. & D. No. 16778.    I. S. No. 1111-v.    S. No. E-4144.)
On August 29, 1922, the United States attorney for the District of Columbia,?
acting upon a report by the Secretary of Agriculture, filed in the Supreme?
Court of the District aforesaid, holding a district court, a libel for the seizure?
and condemnation of 5 tubs of butter, remaining unsold at Washington, D. C,?
alleging that the article had been snipped by the Rushmore Creamery Co.,?
Rushmore, Minn., on or about August 8, 1922, and transported from the State-?
of Minnesota into the District of Columbia, and charging adulteration and mis??
branding in violation of the Food and Drugs Act. The article was labeled in?
part: " From Rushmore Creamery Co. Rushmore Minn."
Adulteration of the articles was alleged in the libel for the reason that a?
substance, to wit, excessive water, had been mixed and packed therewith so as?
to reduce or lower or injuriously affect its quality or strength and had been?
substituted wholly or in part for butter, which the said article purported to be.?
Adulteration was alleged for the further reason that a valuable constituent of?
the article, to wit, butterfat, had been wholly or in part abstracted.
Misbranding was alleged for the reason that the article was an imitation?
of and offered for sale under the distinctive name of another article.
On October 9, 1922, the Rushmore Creamery Co., Rushmore, Minn., claimant,?
having admitted the allegations of the libel and consented to the entry of a?
decree, judgment of condemnation and forfeiture was entered, and it was?
ordered by the court that the product be released to the said claimant upon pay??
ment of the costs of the proceedings and the execution of a bond in the sum?
of $100, in conformity with section 10 of the act.
C. F. MARVIN, Acting Secretary of Agriculture.