16619. Adulteration and misbranding; of butter. U. S. v. 28 Tabs of But- 
tex*. Decree of condemnation and forfeiture. Product released 
under bond.     (F. & D. No. 23886.    I. B. No. 03909.    S. No. 2059.)
On June 26, 1929, the United States attorney for the Eastern District of 
[Pennsylvania, 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 
hM& condemnation of 28 tubs of butter, remaining in the original unbroken 
packages at Philadelphia, Pa., consigned by the David Cole Creamery Co., 
Omaha, Nebr,, alleging that the article had been shipped from Omaha, Nebr., 
-on or about June 20, 1929, and transported from the State of Nebraska ihto 
the State of Pennsylvania,  and charging adulteration  and misbranding in 
/violation of the food and drugs act. 
1 tt was alleged in the libel that the article wa s adulterated in that a sub- 
Stance containing less than  80 per cent of butferfat  had  been  substituted
M
wholly or in part for the said article and had been mixed and packed with" 
it so as to reduce, lower, or injuriously affect its quality or strength; and for 
the further reason that a valuable constituent of the article, butterfat, had 
been wholly or in part abstracted.
Misbranding was alleged for the reason that the article was an imitation 
of or offered for sale under the distinctive name of another article.
On July 13, 1929, Frank Hellerick and Co., Philadelphia, Pa., having ap- 
peared as claimant for the property, 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 $200, conditioned in part that it be reconditioned under the super- i. 
vision of ths department. 
J
ARTHUR M. HYDE, Secretary of Agriculture.      4