12806. Adulteration and misbranding of butter.    TJ.  S. v. 55  Cases,  et al.,
of Butter. Consent decree of condemnation and forfeiture. Prod- 
uct released under bond. (F. & D. Nos. 18822, 18848, 18849. I. S. Nos. 
2452-v, 2455-v, 2456-v, 2457-v.    S. Nos. E^4921, E-4922, E-4923.)
On June 23 and 27 and July 1, 1924, respectively, the United States attorney 
for the Western District of New York, acting upon reports by the Secretary 
of Agriculture, filed in the District Court of the United States for said district 
libels praying the seizure and condemnation of 430 cases of butter, remaining 
in the original unbroken packages at Buffalo, N. Y., alleging that the article 
had been shipped by the Minnesota Creamery & Produce Co., St. Paul, Minn., 
June 11, 1924, and transported from the State of Minnesota into the State 
of New York, and charging adulteration and misbranding in violation of the 
food and drugs act as amended. Three hundred and thirty-nine cases of the 
article were labeled in part: (Retail package) "Net Weight, One Pound * * * 
Extra Fancy Valleybrook Creamery Butter." Thirty-six cases were labeled 
in part: (Wholesale package) " Sterling Butter, 30 One-Pound Cartons." Fifty- 
five cases were labeled in part: (Wholesale package) "30 Cartons of Butter 
Quarters."
Adulteration of the article was alleged in substance in the libels for the 
reason that a product containing excessive moisture had been mixed and packed 
with and substituted wholly or in part for the said article, and for the further 
reason that a valuable constituent, butterfat, had been wholly or in part 
abstracted.
Misbranding was alleged for the reason that the article was an imitation 
of or offered for sale under the distinctive name of another article. Mis- 
branding was alleged for the further reason that the statement " Butter," 
appearing on the labels of a portion of the article, and the statement " Net
Weight One Pound. * * * Extra Fancy * ' * * Creamery Butter," ap- 
pearing on the labels of the remainder, were false and misleading and deceived 
and misled the purchaser. Misbranding was alleged with respect to the 
" Valleybrook" butter for the further reason that it was food in package 
form, and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the packages, since the statement made was not 
correct.
On July 3, 1924, the cases having been consolidated into one cause of action, 
and the Minnesota Creamery & Produce Co., St. Paul, Minn., claimant, having 
consented to the entry of a decree, judgment of condemnation 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 $6,000, in conformity with section 10 of the act, conditioned in part 
that it be reworked under the supervision of this department.
W. M. JAEDINE, Secretary of Agriculture.