17230. Misbrandingr and alleged Adulteration of butter. U. S. v. 8 Cases, 
et al., of Butter. Decrees of condemnation and forfeiture. Prod- 
uct released under bond. (F. & D. No. 24362. I. S. Nos. 010330, 010331. 
S. No, 2261.)
On July 18 and July "20, 1929, respectively, the United States attorney for 
the Northern District of Alabama, acting upon a report by the Secretary of 
Agriculture, filed in the District Court of the United States for said district 
libels praying seizure and condemnation of 18 cases of butter, remaining in 
the original unbroken packages at Birmingham, Ala., alleging that the article 
had been shipped by the Sunlight Produce Co. from Memphis, Tenn., on or 
about July 9, 1929, and transported from the State of Tennessee into the 
State of Alabama, and charging adulteration and misbranding with respect to 
a portion thereof, and misbranding with respect to the remainder, in violation 
of the food and drugs act as amended. The article was labeled in part: (Re- 
tail packages) "1 Lb. Net Weight Quarters, the Cudahy Packing Company, 
Distributors, General Offices Chicago * * * Sunlight Creamery Butter [or 
"Monogram Creamery Butter"]."
Adulteration was alleged with respect to the Monogram butter for the reason 
that a product deficient in milk fat had been substituted for butter, which 
the article purported to be; and for the further reason that a product contain- 
ing 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, which the article pur- 
ported to be.
It was alleged in the libel that the article was misbranded in that the state- 
ment " 1 Lb. Net Weight," borne on the labels, was false and misleading and 
deceived and misled the purchaser, and for the further reason that it was food 
in package form and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the package, since the packages contained 
less than 1 pound of the said article. Misbranding was alleged with respect 
to the Monogram butter for the further reason that it was labeled "Butter," 
when it should contain not less than 80 per cent by weight of milk fat, as 
prescribed by law.
On July 30, 1929, the Sunlight Produce Co., Memphis, Tenn., having appeared 
as claimant for *ae prop^rty^Judgments^were entered finding the product mis- 
branded and oiuermg u? couuemnacion, ana it was further ordered by the court 
that the product be released to the said claimant upon payment of costs and 
the execution of bonds totaling $500, conditioned in part that it be repacked 
in compliance with the requirements of the Federal food and drugs act.
ARTHUR M. HYDE, Secretary of Agriculture.