11089. Adulteration of butter. U. S. v. 2fH> Tubs of Butter. Consent de- 
cree of condemnation and forfeiture. Product released under 
bond.     (F. & D. No. 17593.    I. S. No. 4198-v.    S. No. C-4049.)
On July 2, 1923, the United States attorney for the District of New Jersey, 
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 condemna- 
tion of 290 tubs of butter, at Jersey City, N. J., alleging "that the article had 
been shipped by Swift & Co., from Atlantic, Iowa, on or about June 18, 1923, 
to Chicago, Ill., and reshipped by said Swift & Co., on or about June 21, 
1923, and that it had been transported in interstate commerce from the State 
of Iowa into the State of New Jersey, and charging adulteration in violation 
of the Food and Drugs Act.
Adulteration of the article was alleged in the libel for the reason that a sub- 
stance,-to wit, a product deficient in milk fat and high in moisture, had been 
mixed and packed therewith so as to reduce and lower and injuriously affect 
its quality and strength and had been substituted in whole or in part for butter, 
which the said article purported to be. Adulteration was alleged for the fur- 
ther reason that a valuable constituent of the said article, to wit, butterfat, 
had been in whole or in part abstracted.
On November 10, 1923, Swift & Co. having appeared as claimant for the prop- 
erty and having 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 in the sum of $7,000, in conformity with section 
10 of the act, conditioned in part that it be manufactured into oleomargarine 
under the supervision of this department.
C. F. MARVIN, Acting Secretary of Agriculture.