14145. Adulteration   and   misbranding:   of   butter.     U.   S.   v.   10   Cases   of
Creamery   Butter.     Default   decree   of   condemnation,   forfeiture, 
and destruction.     (F. & D. No. 20366.    I. S. No. 6490-x.    S. No. E-5464.)
On or about August 10, 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 10 cases of creamery butter, remaining in 
the original unbroken packages at Jacksonville, Fla., alleging that the article 
had been shipped from the Fitzgerald Creamery, Fitzgerald, Ga., August 5, 
1925, 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:  "Pure Creamery Monogram 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 law, which the said article purported 
to be.
Misbranding was alleged for the reason that the statement, to wit. " Butter," 
borne on the labels, was false and misleading, in that the said statement 
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, whereas it did 
not contain 80 per cent by weight of milk fat but did contain a less amount.
On December 24, 1925, no claimant having appeared for the property, judg-
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
R. W. DUNLAP, Acting Secretary of Agriculture.