13360. Adulteration   and   misbranding'   of   butter.      V.   S.   v.   32   Boxes    of
Batter. Consent decree of condemnation and forfeiture. Prod- 
net released under bond. (P. & D. No. 17586. I. S. No. 678-y. S. No. 
E-4422.)
On June 30, 1923, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the Supreme 
Court of the District of Columbia, holding a district court, a libel praying 
the seizure and condemnation of 32 boxes, each containing 32 1-pound prints, 
of butter, remaining in the original unbroken packages at Washington, D. C, 
alleging that the article was being offered for sale and sold in the District of 
Columbia by Morris & Co., a branch of the North American Provision Co., and 
charging adulteration and misbranding in violation of the food and drugs act. 
The article was labeled in part: " Morris' Supreme Fancy Creamery Butter."
Adulteration of the article was alleged in the libel for the reason that a sub- 
stance, to wit, excessive water had been mixed and packed therewith so as to re- 
duce and lower and injuriously affect its quality and strength, and had been 
substituted in whole or in part for butter, which the said article purported to 
be, and for the further reason that (a valuable constituent of the article, to 
wit, butterfat, had been in whole or in part abstracted.
Misbranding was alleged for the reason that the statement, to wit, " Butter," 
borne on the label, was false and misleading, in that it represented that the 
article was butter, and for the further reason that it was labeled " Butter," so 
as to deceive and mislead the purchaser into the belief that it was butter, 
whereas it was not butter but was a product containing excessive moisture 
and deficient in butterfat.
On August 20, 1923, the North American Provision 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 $1,200, in conformity with section 10 of the act.
/ 
C. F. MABVIN, Acting Secretary of Agriculture.