11655.?Adulteration   and   misbranding   of   butter.      TJ.   S.   v.   45   Tubs    of
Butter. Consent decree of condemnation and forfeiture. Prod??
uct released under bond. (P. & D. No. 17578. I. S. No. .4232-v.?
S   No. G-4057.)
On June 26, 19
23, the United States attorney for the Northern District?
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel praying the seizure?
and condemnation of 45 tubs of butter, remaining unsold in the original tubs?
at Chicago, 111., alleging that the article had been shipped by the Montello?
Buffalo Shield Creamery Co., from Montello, Wis , June 11, 1923, and trans??
ported from the State of Wisconsin into the State of Illinois, and charging?
adulteration and 'misbranding in violation of the Food and Drugs Act, as?
amended.
Adulteration of the article was alleged in the libel for the reason that a?
substance, to wit, excessive water, had been mixed and packed therewith so
N J 11651-11700.]    SERVICE AND REGULATORY AN NO UN CEMENTS.       358
as to ieduce and lower and injuriously affect its quality and strength, and't?
for the further reason that a substance deficient in milk fat and high in.?
moisture had been substituted wholly or in part for the said article.
Misbranding was alleged for the reason that the article was food in packager?
form, and the quantity of the contents was not plainly and conspicuously"?
marked on the outside of the package.
On June 30, 1923, T. fr. Gallagher, trading as Gallagher Bros., Chicago, 111.,?
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 payment of the costs of the proceedings and the execution of a bond ins?
the sum of $1,000, in conformity with section 10 of the act, conditioned in?
part that it be reprocessed under the supervision of this department andl?
that the tubs be marked with the net contents thereof.
HOWAED M. GOEE, Acting Secretary of Agriculture.