13710. Adulteration  and  misbranding  of Butter.     IT.  S. v.  26 Tubs  of. Butter.
Consent decree of condemnation and forfeiture. Product re- 
leased under bond. (F. & D. No. 20270. I. S. No. 6031-x. S. No. 
E-5402.)
On July 11, 1925, the United States attorney for the Eastern District of 
Pennsylvania, 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 26 tubs of butter, remaining in the original unbroken 
packages at Philadelphia, Pa., consigned by the Royal Creamery Co., New 
Matamoras, Ohio, from Friendly, W. Va., alleging that the article had been 
shipped on or about July 7, 1925, and transported from the State of West Vir- 
ginia into the State of Pennsylvania, and charging adulteration and misbrand- 
ing in violation of the food and drugs act.
Adulteration of the article was alleged in the libel for the reason that a sub- 
stance containing less than 80 per cent of butterfat had been mixed, and packed 
therewith so as to reduce, lower, or injuriously affect its quality or strength 
and had been substituted wholly or in part for the said article. Adulteration 
was alleged for the further reason that a valuable constituent of the article, 
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.
On July 24, 1925, the Royal Creamery Co., New Matamoras, Ohio, 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 $l..'i00, in conformity with section 10 of the act, said bond providing that the 
product be reconditioned in accordance with the ruling of this department.
R. W. DUNLAP, Acting Secretary of Agriculture.