16084. Adulteration and Misbranding of butter. U. S. v. 5T Tubs of Butter. 
Consent decree of condemnation and forfeiture. Product re- 
leased under bond. (F. & D. No. 21869. I. S. No. 16352-x. S. No. 
E-6090.)
On April 12, 1927, 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 57 tubs of butter, remaining in the original unbroken packages 
at New York, N. Y., consigned by the Grafton Creamery Co., from Grafton, 
Iowa, alleging that the article had been shipped in interstate commerce from 
the State of Iowa into the State of New York, on April 4, 1927, 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 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 and that it was food in package 
form and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package.
On April 19, 1927, the Grafton Creamery Co., Grafton, Iowa, 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 
ordered by the court that the product be released to the said claimant upon 
payment of the costs of the proceedings and the execution of a bond in the sum 
of $1,700, conditioned in part that it be reworked and reprocessed so as to 
contain at least 80 per cent of butterfat and the packages plainly and con- 
spicuously marked to show the true quantity of the contents.
W. M. JABDINB, Secretary of Agriculture.