12327. Adulteration   and   misbranding'   of   butter.     TT.   S.   v.    10   Boxes    of
Butter.     Default   decree   of   condemnation,   forfeiture,   and   sale.
(F. & D. No. 18443.    I. S. No. 15414-v.     S. No. E-4765.)
On March 6, 1924, the United States attorney for the District of Massachu- 
setts, 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 10 boxes of butter remaining in the orginal unbroken packages 
at Boston, Mass., alleging that the article had been shipped by the C. C. 
Wright Co. from McLeansboro, Ill., on or about February 15, 1924, and trans- 
ported from the State of Illinois into the State of Massachusetts, and charging 
adulteration and misbranding in violation of the food and drugs act. The 
article was labeled in part: " Gold Label Butter Is made from pure Pasteurized 
Cream and is manufactured by one of the most sanitary creameries in opera- 
tion today.   McLeansboro Creamery Co., McLeansboro, Ill."
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 strength and had been substituted wholly 
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 abstracted.
Misbranding was alleged for the reason' that the statement, " Gold Label 
Butter Is made from pure Pasteurized Cream," was false and misleading and 
deceived and misled the purchaser.
On April 7, 1924, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court 
that the product be sold by the United States marshal.
HOWARD M. GORE, Acting Secretary of Agriculture.