16673. Adulteration and Misbranding of butter.     TJ. S. v.  161  Cases of Butter. 
Product  ordered released upon deposit of collateral.     (F.  & D. No.
22809.    I. S. No. 17975-x.    S. No. 823.)
On May 8, 1928, the United States attorney for the Southern District of 
California, 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 161 cases of butter, remaining in the original unbroken 
packages at Riverside, Calif., consigned by the Arrow Creamery Co., Salt Lake 
City, Utah, alleging that the article had been shipped from Salt Lake City, 
Utah, on or about May 4, 1928, and transported from the State of Utah into 
the State of California, and charging adulteration and misbranding in viola- 
tion of the food and drugs act as amended. The article was labeled in part: 
(Cases)  "Thirty" and "Quarters,"  (Cartons)  "One Pound Net,"
It was alleged in the libel that the article was adulterated in that a product 
containing less than 80 per cent of milk fat had been substituted wholly or in 
part for butter.
Misbranding was alleged for the reason that the statement " One Pound 
Net," borne on the label, was false and misleading and deceived and misled 
the purchaser, since the package contained less than that quantity. Mis- 
branding was alleged for the further reason that the article was food in 
package form and the quantity of the contents was not plainly and conspicu-
ously marked on the outside of the package, since the quantity stated on the 
package was not correct.
On May 24, 1928, H. Peterson, trading as the Arrow Creamery Co., Salt 
Lake City, Utah, having appeared as claimant for the property and having 
admitted the allegations of the libel, a decree was entered ordering that the 
product be released to the said claimant upon payment of costs and the de- 
posit of $500 as surety that the said product should not be sold or otherwise 
disposed of contrary to law. On July 5, 1928, the product having been recon- 
ditioned satisfactorily to this department, final decree of release was entered 
and the bond ordered exonerated.
ARTHUR M. HYDE, Secretary of Agriculture.