15326. Adulteration and Misbranding of butter.    U. S. v. T Tubs of Butter,
et al.     Decree of condemnation and forfeiture entered.     Product 
released under bond.     (F. & D. No. 22004.    I, S. No. 20033-x.    S. No. 39.)
On July 23, 1927, the United States attorney for the Eastern District of 
Pennsylvania, 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 8 tubs of butter, remaining in the original unbroken packages 
at Philadelphia, Pa., consigned by the North State Creamery Co., Burlington, 
N. C, alleging that the article had been shipped from Burlington, N. C, on or 
about July 20, 1927, and transported from the State of North Carolina into the 
State of Pennsylvania, and charging adulteration in violation of the food and 
drugs act as amended. The article was labeled in part: " From North State 
Creamery Company, Burlington, N C, Manufacturers of ' Dixie Brand' Butter."
It was alleged in the libel that the article was adulterated, in that a sub- 
stance containing less than 80 per cent of butterfat had been mixed and packed 
therewith so as to reduce, lower, and injuriously affect its quality and strength, 
and had been substituted wholly or in part for the said article.
Misbranding was alleged for the reason that the article was an imitation of 
or offered for sale under the distinctive name of another article, and for the 
further reason that it was food in package form and the quantity of the 
con tents was not plainly and conspicuously declared on the outside of the 
package.
On August 5, 1927, Crawford & Lehman, Philadelphia, Pa., having appeared 
as claimant for the property, 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 $500, conditioned in part that it be reconditioned 
under the supervision of this department.
W. M. JA&DINE, Secretary of Agricalture.