HiO'J-i. Adulteration and misbranding' of butter. U. S. v. 20 Cases of But- 
ter. Consent decree of condemnation entered. Product released 
under bond. (P. & D. No. 22910. I. S. Nos. 24014-x, 24015-x, 24016-X. 
S. No. 938.)
On July 5, 1928, the United States attorney for the Western 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 con- 
demnation of 20 cases of butter, remaining in the original unbroken packages 
at Buffalo, N. Y., alleging that the article had been shipped by Sherman White 
& Co., from Waterloo, Ind., June 14, 1928, and transported from the State of 
Indiana into the State of New York, and charging adulteration and misbrand- 
ing in violation of the food and drugs act as amended. A portion of the article 
was labeled in part: (Cartons) "One Pound Net Weight * * * Manufac- 
tured by Sherman White & Company." The remainder of the said article was 
unlabeled except that parchment wrappers were perforated " XU    ADDG."
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 an imitation of 
or offered for sale under the distinctive name of another article. Misbranding 
was alleged for the further reason that the article was in package form and 
the quantity of contents was not plainly and conspicuously marked on the out- 
side of the package. The charge recommended by this department relative to 
declaration of contents applied only to that portion of the product the parch- 
ment wrappers of which were perforated " XU ADDG." As to this portion 
the charge recommended was that it was further misbranded in that it was in 
package form and the quantity of the contents was not plainly and conspicu- 
ously marked on the outside of the packages.
On July 7, 1928, the Sherman White Co., Fort Wayne, Ind., having appeared 
as claimant for the property 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 execu- 
tion 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. It was further ordered by the 
court that the claimant be permitted to recondition the product under the 
supervision of this department.
AKTHUK M. HY^DE, Sewetary of Agriculture.