12453. Adulteration and misbranding of butter. U. S. v. 40 Tubs of But- 
ter. Decree of condemnation and forfeiture. Product released 
under bond.     (F. & D. No. 18837.    I. S. No. 15490-v.    S. No. E-4911.)
On June 26, 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 40 tubs of butter remaining in the original unbroken packages 
at Boston, Mass., consigned June 14, 1924, alleging that the article had been 
shipped by the Miller-Rose Co., La Crosse, Wis., and transported from the 
State of Wisconsin into the State of Massachusetts, and charging adulteration 
and misbranding, in violation of the food and drugs act as amended.
Adulteration of the article was alleged in the libel for the reason that a 
substance deficient in butterfat had been mixed and packed with and sub- 
stituted wholly or in part for the said article, and for the further reason that 
a valuable constituent of the said article, to wit, butterfat, had been wholly 
or in part abstracted.
Misbranding was alleged for the reason that the article was food in pack- 
age form and the quantity of the contents was not plainly and conspicu- 
ously marked on the outside of the package.
On June 30, 1924, the Miller-Rose Co., La Crosse, Wis., having entered an 
appearance as claimant for the property and having filed a satisfactory bond 
in conformity with section 10 of the act, judgment of condemnation was 
entered, and it was ordered by the court that the product might be released to 
the said claimant upon payment of the costs of the proceedings.
HOWARD M. GOBE, Secretary of Agriculture.