15682. Adulteration and misbranding of butter. XT. S. v. 17 Tubs of Butter.?
Consent decree of condemnation and forfeitui'e. Product re??
leased under bond.     (F. & D. No. 22710.    I. S. No. 24433-x.    g. No. 696.)
On March 17, 1928, 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 17 tubs of butter, remaining in the original?
unbroken packages at New York, N. Y., alleging that the article had been?
shipped by McVeans Creamery Co., Butler, Mo., on or about March 13, 1928,?
and transported from the State of Missouri into the State of New York,?
.and charging adulteration and misbranding in violation of the food and drugs?
.act.
It was alleged in the libel that the article was adulterated in that a?
substance 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 substituted 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.
On March 29', 1928, M. J. McVean, trading as McVeans Creamery, Butler,?
.Mo., claimant, having admitted the allegations of the libel and heaving con??
sented 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 $550, conditioned in part that it be re-?
-worked so as to contain 'at least 80 per cent of butterfat.
W. M. JARMNE, Secretary of Agriculture.