3L4764. Adulteration and misbranding of butter. U. S. v. 14 Cases of But- 
ter. Product released under bond to be reworked. (F. & D. No. 
21011.    I. S. Nos. 6675-x, 7430-x.    S. No. E-5706.)
On or about March 25, 1926, the United States attorney for the Southern
"
District of Georgia, 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 14 cases of butter,  remaining in the original
unbroken packages at Savannah, Ga., alleging that the article had been shipped
from the Maury County Cooperative Creamery Assoc, Columbia, Tenn., on or
.about March 16, 1926, and transported from the State of Tennessee into the
i State of Georgia, and charging adulteration and misbranding in violation of
the food and drugs act.    The article was labeled in part:  " Maury County
Maid   Fancy   Creamery   Butter   *    *    *    Maury   County   Co-Op.   Cry.   Assn.
•Columbia, Tennessee."
Adulteration of the article was alleged in the libel for the reason that a 
product deficient in milk fat had been substituted for butter, which the said 
article purported to be, and for the further reason that an article which con- 
tained 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 statement, to wit, " Butter," 
borne on the packages containing the article, was false and misleading, in that 
the said statement represented that the article consisted wholly of butter, and 
for the further reason that it was labeled as aforesaid so as to deceive and mis- 
lead the purchaser into the belief that it consisted wholly of butter, whereas 
it did not so consist but did consist of a product deficient in milk fat. Mis- 
branding was alleged for the further reason that the statement " Butter," 
borne on the label, was false and misleading, in that it represented that the 
article was 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 contained less than 80 per cent by weight of milk fat.
On April 9, 1926, the Maury County Cooperative Creamery Assoc, Colum- 
bia, Tenn., having appeared as claimant for the property and having executed 
a bond in the sum of $378, conditioned in part that the product be reworked 
and relabeled to comply with the law, and the court having found that the 
said product had been reworked and complied with the Federal food and 
drugs act, an order was entered providing for payment of the costs by the 
claimant and the dismissal of the libel.
W. M. JARDINE, Secretary of Agriculture.