14039. Adulteration and alleged misbranding of butter.     V. S. v. 9 Tabs of
Butter.     Consent  decree  of  condemnation  and   forfeiture.    Prod- 
uct released under bond.     (F. & D. No. 20307.     I. S. No. 3022-x.    S. No.
C-4783.)
On July 17, 1925, the United States attorney for the Northern District of 
Illinois, 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 9 tubs of butter, at Chicago, Ill., alleging that the article 
had been shipped by the Ellendale Creamery Co., from Ellendale, N. Dak., 
July 6, 1925, and transported from the State of North Dakota into the State 
of Illinois, and charging adulteration and misbranding in violation of the 
food and drugs act as amended.
Adulteration of the article was alleged in the libel for the reason that a 
substance, to wit, excessive water, had been mixed and packed with the said 
article so as to reduce and lower and injuriously affect its quality and 
strength, for the further reason that a substance deficient in milk fat and 
high in moisture had been substituted wholly or in part for the said article, 
and for the further reason that a valuable constituent of the article, to wit, 
butterfat, had been in part abstracted therefrom.
Misbranding was alleged for the reason that the article was food in package 
form and the quantity of the contents was not marked on the outside of the 
packages.
On July 29, 1925, the Peter Fox Sons Co., Chicago, Ill., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of the court was entered, finding the product adulterated 
and ordering its condemnation and forfeiture, 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 bond in the sum of $1,000, 
in conformity with section 10 of the act, conditioned in part that it be repro- 
cessed so as to contain not less than 80 per cent of butterfat.
R. W. DU:JXAP, Acting Secretary of Agriculture.