14649. Adulteration and misbranding of Butter.    V. S. v. 23 Tabs of Batter.
Consent decree of condemnation and forfeiture.   Product released 
under bond.     (F. & D. No. 21201.    I. S. No. 7199-x.    S. No. E-5855.)
On August 30, 1926, the United States attorney for the Southern 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 seizure 
and condemnation of 23 tubs of butter, remaining in the original unbroken 
packages at New York, N. Y., alleging that the article had been shipped by 
the Deer River Creamery Co., Deer River, Minn., on or about August 16, 1926, 
and transported from the State of Minnesota into the State of New York, 
and charging adulteration and misbranding in violation of the food and drugs 
act.
Adulteration of the article was alleged in the libel for the reason that a sub- 
stance deficient in butterfat had been mixed and packed therewith so as to 
reduce or lower or injuriously affect its quality or strength, and had been sub- 
stituted wholly or in part for the said article.
Misbranding was alleged for the reason that the article was offered for 
sale under the distinctive name of another article.
On September 20, 1926, Joseph J. Herold, New York, N. Y., 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 or- 
dered by the court that the product be released to the said claimant upon pay- 
ment of the costs of the proceedings and the execution of a bond in the sum 
of $1,000, conditioned in part that it be reworked and reprocessed so as to 
contain at least 80 per cent of butterfat.
W. M. JABDINE, Secretary of. Agriculture.