17109. Adulteration   and   Misbranding of   Butter.    V.   S.   v.   280   Tubs   of
Butter. Consent decree of condemnation and forfeiture. Prod- 
uct   released   nnder   bond.     (F.   &   D.   No.   24560.    I.   S.   No.   028625.
S. No. 2565.) 
I
On November 29, 1929, the United States attorney for the Southern District 
of New York, 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 280 tubs of butter, remaining in the original unbroken packages 
at New York, N. Y., consigned about September 17, 1929, alleging that the 
article had been shipped by the Great Lakes Terminal Warehouse Co., Toledo, 
Ohio, and transported from the State of Ohio into the State of New York, and 
charging adulteration and misbranding in violation of the food and drugs act.
It was alleged in the libel that the article was adulterated in violation of 
section 7 of the act, paragraphs 1 and 2, in the case of food, in that it contained 
a substance deficient in butterfat.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article.
On December 17, 1929, Carl Ahlers (Inc.), New York, N. Y., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree and to recondition the product so that it contain at least 80 per cent of 
butterfat, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon pay- 
ment of costs and the execution of a bond in the sum of $8,500, conditioned in 
part that it be reworked and reprocessed so that it comply with the law.
'   ARTHUR M. HYDE. Secretary of Agriculture.