13760. Misbranding? and alleged adulteration of butter. V. S. v. 337 Tubs 
of Butter. Consent decree of condemnation and forfeiture. Prod- 
uct released under bond.     (F. & D. No. 18149.     I. S. No. 2311-v.    S   No
E-4637.) 
On December 8, 1923, the United States attorney for the Western 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 237 tubs of butter, at Buffalo, N. Y., consigned by the 
Pioneer Creamery Co., from Champaign, Ill., alleging that the article had been 
shipped from Champaign, Ill., October 20, 1923, and transported from the State 
of Illinois into the State of New York, 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 
substance deficient in butterfat and containing excessive moisture had been 
mixed and packed with and substituted wholly or in part for the said article, 
and for the further reason that a valuable constituent, butterfat, had been 
wholly or in part abstracted therefrom.
Misbranding was alleged for the reason that the article, was an imitation 
of and offered for sale under the distinctive name of another article.
On January 19, 1924, Fred F. Stone, Buffalo, N. Y., agent for the Pioneer 
Creamery Co., Galesburg, Ill., having appeared as claimant for the property 
and having consented to the entry of a decree, judgment of the court was en- 
tered, fill-ding the product misbranded and ordering its condemnation, and it 
was further ordered by the court that the said product be released to the 
claimant, upon payment of the costs of the proceedings and the execution of a 
cash bond in the sum of $7,500, conditioned in part that the product be re- 
analyzed, the portion found to comply with the law released unconditionally 
and the bond reduced correspondingly, and that the remainder be reworked 
under the supervision of this department.
C. F. MARVIN, Acting Secretary of Agriculture.