13709. Adulteration and misbranding; of butter.    U. S. v. 30 Cases of But 
ter. Consent decree of condemnation and forfeiture. Product 
released under bond. (F. & D. No. 20304. I. S. Nos. 6415-x, 6419-x. 
S. No. E-5378.)
On July 20, 1925, the United States attorney for the Northern District of 
Georgia, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying the seizure 
and condemnation of 30 cases of butter, remaining in the original unbroken 
packages at Atlanta, Ga., alleging that the article had been shipped by the 
Beatrice Creamery Co., from Topeka, Kans., on or about July 8, 1925, and 
transported from the State of Kansas into the State of Georgia, and charging 
adulteration and misbranding in violation of the food and drugs act. The 
article was labeled in part: "Meadow Gold Butter * * * Beatrice Cream- 
ery Company, General Office, Chicago, Ill."
Adulteration of the article was alleged in substance in the libel, in that a 
substance containing less than 80 per cent of milk fat had been substituted In 
part for butter, in that a substance, to wit, water, had been substituted in part 
for butter, and in that a product deficient in milk fat had been substituted in 
part for butter, and in that it contained less than 80 per cent by weight of
milk fat.
Misbranding was alleged for the reason that the article was labeled " Butter 
so as to deceive and mislead the purchaser into the belief that it was butter,
whereas it was not butter as defined by law, in that it did not contain 80 per 
cent by weight of milk fat.
On August 1, 1925, the Beatrice Creamery Co., Chicago, Ill., claimant, having 
admitted the material 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 $750, in conformity with section 10 of the act, conditioned in part that 
it be reworked and relabeled to comply with the law.
R. W. DUNLAP, Acting Secretary of Agriculture.