11099. Adulteration and misbranding of butter. U. S. v. 117 Tubs of Bat??
tel'. Consent decree of condemnation and forfeiture. Product?
released under bond. (F. & D. No. 16799. I. S. No. 45-V. S. No.?
E-4165.)
On September 7, 1922, the United States attorney for the Southern District?
of New York, 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 117 tubs of butter, remaining unsold in the original unbroken?
packages at New York, N. Y., consigned by the Cumberland Valley Creamery,?
Inc., Nashville, Tenn., alleging that the article had been shipped on or about?
June 28, 1922, and transported in interstate commerce into the State of New?
York, and charging adulteration and misbranding in violation of the Food and?
Drugs Act.
Adulteration of the article was alleged in the libel for the reason that a?
valuable constituent of the said article, to wit, butterfat, had been in part?
abstracted therefrom.
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 28, 1922, the Cumberland Valley Creamery, Inc., Nashville, Tenn.,?
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 ihe 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 the product be reconditioned under the supervision of and to the?
satisfaction of this department.
C. F. MARVIN, Acting Secretary of Agriculture.