16807. Adulteration and misbranding of butter.     U. S. v. 11 Tubs of Butter.
Consent decree of condemnation and forfeiture.    Product released 
under bond.     (F. & D. No. 24135.     I. S. No. 021238.     S. No. 2285.)
On September 4, 1929, 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 11 tubs of butter, remaining in the original unbroken packages 
at New York, N. Y., alleging that the article had been shipped by the Ideal 
Creamery Co., Aitkin, Minn., on or before August 23, 1929, and transported 
from the State of Minnesota into the State of New York, received on or about 
August 30, 1929, 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 sub- 
stance deficient in butterfat had been mixed and packed with it 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.
seizure and condemnation of 300 cases of butter, remaining in the original 
unbroken packages at New Orleans, La., alleging that the article had been 
shipped by the Laurel Creameries Co., Laurel, Miss., in various consignments, 
on or about July 10, July 24, and August 9, 1928, respectively, and had been 
transported from the State of Mississippi into the State of New Orleans, and 
charging misbranding in violation of the food and drugs act as amended. A 
portion of the article was labeled in part: (Carton) "Pride of Mississippi 
Fancy Creamery Butter Manufactured by Laurel Ice & Packing Co., Laurel, 
Miss. Net Weight One Pound When Packed." The remainder of the said 
article was labeled in part:   (Cases)  "30 1 Lb. Cartons Creamery Butter."
It was alleged in the libel that the article was misbranded in that the state- 
ment, "Net Weight One Pound When Packed," with respect to a portion of 
the article, and the statement, " 30 1 Lb. Cartons," with respect to the remain- 
der thereof, borne on the labels, were false and misleading and deceived and 
misled the purchaser, and in 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, since the quantity stated was not correct.
On September 25, 1928, the Laurel Creameries, Laurel, Miss., having appeared 
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 
costs and the execution of a bond in the sum of $5,000, conditioned in part that 
it be reworked and reconditioned and should not be sold or disposed of without 
having been first inspected by a representative of this department.
ARTHUR M. HYDE, Secretary of Agriculture.