13280. Adulteration and misbranding- of butter.    IT.  S. v. 78 Tubs  of But 
ter. Consent decree of condemnation and forfeiture. Product 
released under bond to be reworked. (F. & D. No. 20030. I. S. No. 
13515-v.    S. No. E-5253.)
On or about March 26, 1925, the United States attorney for the Southern Dis- 
trict of New York, 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 78 tubs of butter, remaining in the original un- 
broken packages at New York, N. Y., alleging that the article, had been shipped
by the Rockwell Cooperative Creamery Co., from Rockwell, Iowa, on or about 
March 10, 1925, and transported from the State of Iowa into the State of New 
York, and charging adulteration and misbranding in violation of the food and 
drugs act.
Adulteration of the article was alleged in the libel for. the reason that a sub- 
stance deficient in butterfat had been mixed and packed therewith so as to- 
reduce or lower or injuriously affect its quality or strength and had been sub- 
stituted wholly or in part for the said article.
Misbranding was alleged for the reason that it was an imitation of or offered 
for sale under the distinctive name of another article.
On April 4, 1925, the Thornton Creamery Co., claimant, having admitted the 
allegations of the libel and having 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 $2,400, in, con- 
formity with section 10 of the act, conditioned in part that it be reworked and 
reprocessed so as to contain at least 80 per cent of butterfat and the packages 
marked to show the quantity of the contents.
R. W. DUNLAP, Acting Secretary of Agriculture.