17353. Adulteration and Misbranding of batter. 17. S. v. 25 Cases of Butter. 
Default    decree    of   condemnation,    forfeiture,    and    destruction.
(F. & D. No. 24687.    I. S. No. 025586.    S. No. 2941.)
On February 27, 1930, the United States attorney for the Western 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 25 cases, each containing thirty 1-pound cartons of 
butter, remaining in the original unbroken packages at Buffalo, N. Y., con- 
signed by the Fosse Produce Co., La Porte City, Iowa, alleging that the article 
had been shipped from La Porte City, Iowa, September 14, 1929, and trans- 
ported from the State of Iowa into the State of New York, and charging adul- 
teration and misbranding in violation of the food and drugs act. The article 
was labeled in part: (1-pound cartons) "Admiral Creamery Butter * * * 
C. A. Fosse, La Porte City, Iowa."
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 for butter.
Misbranding was alleged for the reason that the article was represented to 
be butter, which was false and misleading, since it contained less than 80 
per cent of milk fat.
On March 31, 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.
ARTHUR M. HYDE, Secretary of Agriculture.