12236. Adulteration of butter.     17. S. v. 19 Tubs of Butter.     Consent decree
of   condemnation   and   forfeiture.     Product   released   under   bond.
(F. & D. No. 17627.    I. S. No. 4240-v.    S. No. C-4062.)
On July 6, 1923, 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 19 tubs of butter, remaining unsold in the original pack- 
ages at Chicago, Ill., alleging that the article had been shipped by the Ewen 
Creamery Co. from Ewen, Mich., in part June 12 and in part June 19, 1923,
and transported from the State of Michigan into the State of Illinois, 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 
substance, to wit, excessive water, had been mixed and packed with the said 
article so as to reduce and lower and injuriously affect its quality and strength. 
Adulteration was alleged for the further reason that a valuable constituent of 
the article, to wit, butterfat, had been abstracted wholly or in part from the 
article.
On December 23, 1923, the Ewen Creamery Co., Bwen, Mich., claimant, 
having admitted the material 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 in 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 so that it 
would contain not less than 80 per cent of butterfat and not more than 16 
per cent of water.
HOWARD M. GOKE, Aciimg Secretary of Agriculture.