13751. Adulteration and misbranding of butter.     TJ.  S. v. 37 Gases  of But 
ter.     Product   ordered   released   under   bond.     (F.   &   D.   No.   20365.
I. S. Nos. 6485-x, 6486-x.     S. No. E-5380.)
On or about August 5, 1925,.the United States attorney for the Southern 
District of Florida, 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 37 cases of butter, remaining in the original 
unbroken-packages at Jacksonville, Fla., alleging that the article had been 
shipped by the Valdosta Creamery, from Valdosta, Ga., July 31, 1'925, and 
transported from the State of Georgia into the State of Florida, and charging 
adulteration and misbranding in violation of the food and drugs act. The 
article was labeled in part: (Carton) .".Guaranteed One Pound Net Weight 
When Packed    *    *    *    Creamery Butter." 
Adulteration of the article was alleged in the libel for the reason that a 
product which contained less than 80 per cent by weight of milk fat had been 
substituted for butter, a product which should contain not less than 80 per 
cent by weight of milk fat, as prescribed by the act of March 4, 1923, which 
the said article purported to be.
Misbranding was alleged for the reason that the statements, to wit, 
" Butter * * * One Pound Net Weight," borne on the packages con- 
taining the article, were false and misleading, in that the said statements 
represented that the article consisted wholly of butter, to wit, a product 
which should contain not less than 80 per cent by weight of milk fat, .as 
prescribed by law, whereas it was a product which did not contain 80 per 
cent by weight of milk fat but did contain a less amount. Misbranding was 
alleged for the further reason that the article was food in -package form and 
the quantity of the contents was not plainly and conspicuously marked on 
the outside of the package.
On August 14, 1925, T. J. Fenn, Valdosta, Ga., liaving appeared as claimant 
for the property and having admitted the allegations of the libel, judgment 
of the court was entered, ordering that the product be released to the said 
claimant upon the execution of a bond in the sum of $950, conditioned in 
part that it be destroyed or reworked to meet the requirements of the said 
act and that the packages be relabeled to show the true contents thereof.
C. F. MABVIN, Acting Secretary of Agriculture.