18807. Adulteration and misbranding of butter. IT. S. v. 1 Case of Butter. 
Default   decree   of  condemnation,   forfeiture,   and   sale.     (P.   &  D.
No. 18150.    I. S. No. 15278-v.    S. No. E-4634.)
On December 10, 1923, 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 praying the seizure 
and condemnation of 1 case of butter, remaining in the original unbroken 
package at Boston, Mass., alleging that the article had been shipped by the 
J. B. [J. G.] Turnbull Co., from Orleans, Vt., on or about November 19, 1923, 
and transported from the State of Vermont into the State of Massachusetts 
and charging adulteration and misbranding in violation of the food and drugs
act.    The article was labeled in part:  " One Pound, Net Weight Lamoille 
*   *   *   Creamery   *   *    *   Made in the Finest Dairy Section in Vermont."
Adulteration of the article was alleged in the libel for the reason that a 
substance, to wit, a product deficient in butterfat and containing excessive 
moisture, had been mixed and packed therewith so as to reduce and lower and 
injuriously affect its quality and had been substituted in whole and in part 
for the said article. Adulteration was alleged for the further reason that a 
valuable constituent of the article, to wit, butterfat, had been in part ab- 
stracted.
Misbranding was alleged for the reason that the statement on the label,. 
"Butter * * * Guaranteed * * * Pure," was false and misleading and 
deceived and misled the purchaser in that the said statement represented that 
the article was pure butter, whereas, in truth and in fact, it was not but was 
a product deficient in butterfat and containing excessive moisture. Misbrand- 
ing was alleged for the further reason that the article was offered for sale 
under the distinctive name of another article, to wit, butter, whereas, in truth 
and in fact, it was not butter but was a product deficient in butterfat and con- 
taining excessive moisture. 
*
On February 14, 1924, no claimant having appeared for the property, judg- 
ment of condemnation was entered, and it was ordered by the court that the 
product should be sold by the United States marshal.    .
HOWARD M. GORE, Acting Secretary of Agriculture.