15428. Misbranding and alleged Adulteration of batter.     V. S. v. 36 Boxes
Butter. Consent decree of condemnation and forfeiture. Prod- 
uct released under bond. (F. & D. No. 22016. I. S. No. 10931-x. S. 
No. 45.)
On or about July 26, 1927, the United States attorney for the Southern Dis- 
trict 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 36 boxes of butter, remaining in the original 
unbroken packages at Los Angeles, Calif., alleging that the article had been 
shipped from the Tremonton Dairy Produce Co., Tremonton, Utah, in part on 
or about July 9, 1927, and in part on or about July 12, 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.
It was alleged in substance in the libel that the article was adulterated, in 
that a product deficient in milk fat, said product containing less than 80 per 
?cent of milk fat, had been substituted wholly or in part for butter. Adultera- 
tion was alleged for the further reason that a valuable constituent, namely, 
milk fat, had been partially abstracted from the article.
Misbranding was alleged for the reason that the statement " Butter," borne 
on the label, was false and misleading and deceived and misled the purchaser, 
since the 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 August 6, 1927, the Tremonton Dairy Produce Co., Tremonton, Utah, 
?claimant, having admitted the allegations of the libel and having consented to 
the entry of a decree, judgment 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 claimant upon payment of 
the costs of the proceedings and the execution of a good and sufficient bond, con- 
ditioned in part, that it be reconditioned and relabeled in a manner satisfactory 
to this department.
W. M. JARDINE, Secretary of Agriculture.