16381. Adultex-ation and Misbranding of butter. U. S. v. 15 Boxes of But* 
ter. Decree of condemnation and forfeiture. Product released 
upon deposit of collateral. (F. & D. No. 23602. I. S. Nos. 05790, 05794. 
S. No. 1798.)
On March 12, 1929, the United States attorney for the District of Massachu- 
setts, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said disrrict a libel praying seizure and con- 
demnation of 15 boxes of butter, remaining in the original unbroken packages 
at Boston, Mass., consigned about February 2'8, 1929, alleging that the article 
had been shipped by the David Cole Creamery Co., Omaha, Nebr., and trans- 
ported from the State of Nebraska into the State of Massachusetts, and charg- 
ing adulteration and misbranding in violation of the food and drugs act as 
amended. Ten boxes of the article were labeled in part: (Shipping boxes) 
"Royal 2 Lb. Rolls," (inner wrappers) "Royal Creamery Butter. * * * 2 
Lbs. Net Weight." The remaining 5 boxes of the articles were shipped in 
strawboard cases labeled, " Plain 1 lb. Rolls No. 352," and bore no label on 
the wrappers.
It was alleged in the libel that the article was adulterated in that a sub- 
stance containing lessi than 80 per cent by weight of milk fat had been substi- 
tuted in whole or in part for butter, which the said article purported to be, 
the act of Congress approved March 4, 1923, providing that butter contain not 
less than 80 per cent by weight of milk fat.
Misbranding was alleged with respect to the portion of the product contained 
in the said 5 boxes for the reason that it was food in package form and the 
quantity of the contents! was not plainly and conspicuously marked on the out- 
side of the package.
On March 22, 1929, the David Cole Creamery Co., Omaha, Nebr., having ap- 
peared 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 deposit of collateral in the sum of $200 in lieu of bond in like 
amount, conditioned in part that it be reworked under the supervision of this 
department so that it contain at least 80 per cent of butterfat, and that the 
said five boxes of the product be relabeled to show the true quantity of the 
contents.
AETHXJK M. HYDE, Secretary of Agriculture.