16000. Adulteration and misbranding of Butter. TJ. S. v. 1,000 Pounds, 
et al., of Butter. Consent decree of condemnation entered. Prod- 
uct released nnder bond. (F. & D. No. 23130. I. S. Nos. 01601, 01602, 
01603.   "S. No. 1198.)
On or about September 8, 1928, the United States attorney, for the Southern 
District of Ohio, acting upon a report by the Secretary of Agriculture, filed 
in the District Court of the United States for said district a libel, and on 
September 12, 1928, an amended libel, praying seizure and condemnation of 
1,000 pounds 8-ounce prints and 100 pounds 1-pound prints of butter at 
Dayton, Ohio, consigned by the Liberty Creamery Co., Liberty, Ind., September 
6, 1928, alleging that the article had been shipped in interstate commerce from 
Liberty, Ind., into the State of Ohio, and charging adulteration and misbrand- 
ing in violation of the food and drugs act. The article was labeled in part, 
variously: (8-ounce prints) "8 Oz. Net Weight. This butter is made from 
pure cream," (portion of 1-pound prints) "1 Lb. Net Weight *. * * This 
butter is made from pure cream * * *," (portion of 1-pound prints) "Fancy 
Creamery Butter, Gilt Edge    *    *    *    One Pound."
It was alleged in the libel that the article was adulterated in that a product 
which contained less than 80 per cent by weight of milk fat had been sub- 
stituted for a product which must contain 80 per cent by weight of milk fat 
as prescribed by the act of March 4, 1923. '
Misbranding was alleged for the reason that the statement, " Butter," borne 
on the label, was false and misleading in that it represented that the article 
consisted wholly of butter, and for the further reason that it was labeled as 
aforesaid so as to deceive and mislead the purchaser into the belief that it 
consisted wholly of butter, whereas it did not so consist, but did consist of a 
product deficient in milk fat. Misbranding was alleged for the further reason 
that the statement, " Butter," borne on the label, was false and misleading 
in that it represented that the said article was butter, to wit, a product COUT 
taining not less than 80 per cent by weight of milk fat, as prescribed by law, 
whereas it did not contain 80 per cent by weight of milk fat, but did contain 
a less amount. Misbranding was alleged for the further reason that the 
wrappers enclosing the article bore statements regarding the weight of the 
individual prints which were false, since the said prints were short weight.
On September 17, 1928. the Liberty Creamery Co., Liberty, Ind., claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree, judgment of condemnation 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 $1,000, conditioned in part that it 
should not be sold or otherwise disposed of contrary to law, and be relabeled 
under the supervision of this department.
ARTHUR M. HTDE, Secretary of Agriculture.