15384. Adulteration and Misbranding of butter. U. S. v. 20 Boxes of But- 
ter. Decree of condemnation and forfeiture. Product released 
under bond.     (F. & D. No. 21999.    I. S. No. 16467-x.    S. No. 23.)
On July 13, 1927, the United States attorney for the District of Massachu- 
setts, 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 con- 
demnation of 20 boxes of butter, remaining in the original unbroken packages 
at Boston, Mass., consigned about June 29, 1927, alleging that the article had 
been shipped by the David Cole Creamery Co., Omaha, Nebr., and transported 
from the State of Nebraska into the State of Massachusetts, and charging 
adulteration and misbranding in violation of the food and drugs act as amended.
It was alleged in 'the libel that the article was adulterated, in that it was 
deficient in butterfat.
Misbranding was alleged for the 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, in that the statement made was incorrect.
On July 29, 1927, the David Cole Creamery Co., Omaha, Nebr., having ap- 
peared as claimant for the property and having admitted the allegations of the 
libel, 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 deposit of $500 in lieu of bond, condi- 
tioned that the butter be reconditioned under the supervision of this department 
so that it contain at least 80 per cent of butterfat and the containers lelabeled 
to show the true quantity of the contents.
R. W. DUNLAP, Actvng Secretary of Agriculture.