16914. Adulteration and alleged Misbranding of butter.     U. S. v. 6 Tubs of
Butter. Consent decree of condemnation and forfeiture. Prod- 
uct released under bond. (F. & D. No. 23947. I. S. No. 011854. S. No. 
2175.)
On July 26, 1929, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying seizure and 
condemnation of 6 tubs of butter, remaining in the original unbroken packages
at Chicago, Ill., alleging that the article had been shipped by the Rock Falls 
Creamery Co., from Caryville, Wis., July 16, 1929, and transported from the 
State of Wisconsin into the State of Illinois, and charging adulteration and 
misbranding in violation of the food and dfngs act.
It was alleged in the libel that the article was adulterated in that a substance, 
to wit, excessive water, had been mixed and packed with the said article, so 
as to reduce and lower and injuriously affect its quality and strength; for the 
further reason 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; and 
for the further reason that the article did not comply with the standard estab- 
lished by Congress.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article.
On August 30, 1929, Edward Macek, claimant, having admitted the allegations 
of the libel and having consented to the entry of a decree, judgment was entered 
finding the product adulterated and ordering its condemnation and forfeiture, 
and it was further ordered by the court that the said product be released to 
the claimant upon payment of costs and the execution of a bond in the sum 
of $1,000, conditioned in part that it be reprocessed, under the supervision of 
this department, so that it contain not less than 80 per cent of butterfat.
R. W. DITNLAP, Acting Secretary of Agriculture.