17106. Adulteration and Misbranding of butter.    U. S. v. 2 Boxes et al., of
Butter.   Default decree of condemnation, forfeiture, and destruc- 
tion.     (F. & D. No. 24563.    I. S. Nos. 025367. 025368.    S. No. 2663.)
On or about December 17, 1929, the United States attorney for the Eastern 
District of Louisiana, acting upon a report by the Secretary of Agriculture, 
filed in the D strict Court of the United States for said district a libel praying 
seizure and condemnation of 2 boxes containing 91 pounds, and 1 box con- 
taining 75 pounds of butter, remaining in the original unbroken packages at 
New Orleans, La., alleging that the article had been shipped by the London
Grocery Co., Hattiesburg, Miss., in two consignments, on or about December 
2 and 12, 1929, respectively, and transported from the State of Mississippi 
into the State of Louisiana, and charging adulteration and misbranding in 
violation of the food and drugs act. The article was labeled in part: " From 
London Grocery Co.   *   *   *   Hattiesburg,  Mississippi."
It was alleged in the libel that the article was adulterated in that a product 
deficient in milk fat had been substituted for butter, which the sa d article 
purported to be, and in that a product containing less than 80 per cent by 
weight of milk fat had been substituted for butter, a product which should 
contain not less than 80 per cent by weight of milk fat as prescribed by the 
act of May (March) 4, 1923, wh ch the article purported to be.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article.
On January 13, 1930, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
AETHTJB M. HYDE, Secretary of Agriculture.