11852. Adulteration and misbranding? of butter. V. S. v. 200 Cases of 
Butter. Decree of condemnation and forfeiture. Product re- 
leased under bond. (F. & D. No. 17658. I. S. No. 6678-v. S. No. 
C-4069.)
On July 17, 1923, the United States attorney for the Eastern District of 
Missouri, 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 200 cases of butter, remaining unsold in the original un- 
broken packages at St. Louis, Mo., consigned by John H. Stelle, from McLeans- 
boro, Ill., alleging that the article had been shipped from McLeansboro, Ill., 
on or about June 7, 1923, and transported from the State of Illinois into the 
State of Missouri, and charging adulteration and misbranding in violation of 
the Food and Drugs Act. The article was labeled in part: (Carton) " One 
Pound Net Gold Label Butter * * * McLeansboro Creamery Co. McLeans- 
boro, Ill."
Adulteration of the article was alleged in the libel for the reason that a 
product deficient in milk fat and high in moisture had been mixed with and 
substituted wholly or in part for the said article.    Adulteration was alleged
for the further reason that a valuable constituent of the article, namely, 
butterfat, had been abstracted therefrom.
Misbranding was alleged for the reason that the statement appearing in 
the labeling, " Butter," was false and misleading and deceived and misled 
the purchaser.
On September 18, 1923, John H. Stelle, McLeansboro, Ill., having appeared 
as claimant for the property and having admitted the allegations of the libel, 
a decree of the court was entered adjudging the product to be liable to con- 
demnation and forfeiture, 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 $3,500, in conformity with section 
10 of the act, conditioned in part that it be reprocessed under the supervision 
of this department.
HOWAED M.  GORE, Acting Secretary of Agriculture.