11306.?Adulteration and misbranding of butter. 17. S. v. 1 Box of Butter.?
Default  decree   of condemnation,  forfeiture,  and  destruction.     (F.   &  D.
No. 16921.     I. S. No. 1650-v.     S. No. E-4218.)
On November 13, 1922, the United States attorney for the District of Massa??
chusetts, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel of information pray??
ing the seizure and condemnation of 1 box of butter at Boston, Mass., alleging?
that the article had been shipped by the Independence Produce Co., Inde??
pendence, Iowa, on or about October 16, 1922, and transported from the State?
of Iowa into the State of Massachusetts, and charging adulteration and mis??
branding in violation of the Food and Drugs Act. The article was labeled in?
part: " Cold Storage   Cedar Valley Creamery Co.   Waterloo, Iowa."
Adulteration of the article was alleged in the libel for the reason that ex??
cessive moisture had been mixed and packed therewith so as to reduce and?
lower and injuriously affect its quality and strength and had been .substituted?
wholly or in part for butter, which the said article purported to be. Adultera??
tion was alleged for the further reason that a valuable constituent of the said?
article, to wit, butterfat, had been 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, to wit,?
butter.
On January 24, 1923, no claimant having appeared for the property, judg??
ment of condemnation and forfeiture was entered, and it was ordered by the?
court that the product be destroyed by the United States marshal. The product?
was delivered by the marshal to a public institution for use in cooking.
C. W. PUGSLEY, Acting Secretary of Agriculture.