15330. Misbranding  and  alleged adulter-atlon of butter.     U. S. v. 40 Boxes
of Butter. Consent decree of condemnation and forfeiture. 
Product released under bond. (F. & D. No. 21838. I. S. No. 10916-x. 
S. No. W-i2124.)
On or about March 24, 1927, the United States attorney for the Southern 
District of California, 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 40 boxes of butter, remaining in the original un- 
broken packages at Los Angeles, Calif., consigned by the Wasatch Dairy Co., 
Provo, Utah, alleging that the article had been shipped from Provo, Utah, on or 
about March 10, 1927, and transported from the State of Utah into the State of 
California, 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 
product containing" less than 80 per cent of milk fat had been substituted wholly 
or in part for butter.
Misbranding was alleged for the reason that the word " Butter," borne on 
the label, was false and misleading and deceived and misled the purchaser, 
since the.said article contained less than 80 per cent of milk fat. Misbranding 
was alleged for the further reason that the article 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 22, 1927, the Wasatch Dairy Co., Provo, Utah, claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, .judgment of the court was entered finding the product misbranded and 
ordering its condemnation and forfeiture, and it was further ordered by the 
court that the said 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 $300, condi- 
tioned in part that it be relabeled and reconditioned in a manner satisfactory 
to this department.
W. M. JARDINE, Secretary of Agriculture.