11346.?Adulteration and misbranding of bntter. U. S. v. 30 Cases and 30?
Cases of Butter. Consent decree of condemnation. Product released?
under bond.     (F. & D. No. 16346.     I. S. Nos. 8188-t, 8189-t.    S. No. E-3883.)
On May 27, 1922, the United States attorney for the Southern District of?
Georgia, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United-States for said district a libel for the seizure and con??
demnation of 30 cases of Sunlight creamery butter and 30 cases of Pioneer?
creamery butter, remaining unsold in the original unbroken packages at Sa??
vannah, Ga., alleging that the article had been shipped by the Cumberland?
Valley Creamery, Inc., from Nashville, Tenn., May 16, 1922, and transported?
from the State of Tennessee into the State of Georgia, and charging adultera??
tion and misbranding in violation of the Food and Drugs Act, as amended.?
A portion of the article was labeled in part: (Carton) " One Pound Net Sunlight?
Creamery Butter." The remainder of the said article was labeled in part:?
(Carton)  "One Pound Net Pioneer Creamery Butter."
Adulteration of the article was alleged in the libel for the reason that ex??
cessive water had been mixed and packed with and substituted in part for?
the said article.
Misbranding was alleged for the reason that the statements on the labels?
of the cartons containing the said article, " Butter " and " One Pound Net,"?
were false and misleading since the article was not pure butter and the pack??
ages did not contain 1 pound net but contained less than that amount. Mis??
branding 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 July 20, 1922, the Cudahy Packing Co., Inc., claimant, having admitted?
the allegations in the libel, judgment of condemnation 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 $215.40, in conformity with section 10 of the act, conditioned in part that?
it be reworked and relabeled under the supervision of this department.
C. W. PUGSLEY, Acting Secretary of Agriculture.
180	
BUREAU  OF   CHEMISTRY.	
[Supplement 157,