13349. Adulteration and misbranding: of butter.     U.  S. v.  12 Tubs and  10
Xuhs of Butter. Consent decree of condemnation and forfeiture. 
Product released under bond to be (reprocessed. (F, & D. No. 20019. 
I.  S. No.  13612-v.    S. No. E-5278.)
On April 7, 1925, the United States attorney for the Southern District 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 22 tubs of butter, remaining in the original unbroken 
packages at New York, N. Y., alleging that the article had been shipped by the 
McDougall Terminal Warehouse Co., Duluth, Minn., on or about March 27, 
1925, and transported from the State of Minnesota into the State of New 
York, and charging adulteration aud misbranding in violation of the food and 
drugs act.
Adulteration of the article was alleged in the libel for the reason that a 
substance deficient in butterfat and containing excessive moisture had been 
mixed and packed therewith so as to reduce, lower, or injuriously affect its 
quality or strength and had been substituted in whole or in part for the 
said article.
Misbranding was alleged for the further reason that the article was offered 
for sale under the distinctive name of another article.
On April 28, 1925, the Fox River Butter Co., Inc., New York, N. Y., claim- 
ant, 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 $660, in conformity with section 10 of the act, conditioned in part 
that it be reprocessed so as to contain at least 80 per cent of butterfat.
R. W. DUNLAP, Acting Secretary of Agriculture.