17407. Adulteration and Misbranding of butter.    U.  S. v.  81  Cases, et al.,
of Butter. Product released under bond. (F. & D. No. 24825. I. S. 
Nos. 030449, 039592.    S. No. 3059.)
On or about March 27, 1930, the United States attorney for the Southern 
District of Georgia, 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 81 cases each containing 32 pounds, and 120 cases each 
containing 12 pounds of butter, remaining in the original unbroken packages at 
Savannah, Ga., alleging that the article had been shipped by the Cudahy Pack- 
ing Co., from Washington Court House, Ohio, on or about March 18, 1930, and 
transported from the State of Ohio into the State of Georgia, and charging 
adulteration and misbranding in violation of the food and drugs act. The 
article was labeled in part: " The Cudahy Packing Company Distributors, 
General Offices, Chicago, U. S. A.    Sunlight Creamery Butter."
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 mixed and packed with 
it so as to reduce, lower, or injuriously affect its quality or strength. Adultera- 
tion was alleged for the further reason that a product containing less than 80
per cent by weight of milk fat had been substituted wholly or in part for 
butter, a product which should contain not less than 80 per cent by weight of 
milk fat, as prescribed by the act of March 4, 1923, which the said article 
purported to be.
Misbranding was alleged for the reason that the article was offered for 
sale under the distinctive name of another article, to wit, butter. Misbrand- 
ing was alleged for the further reason that the statement, to wit, "Butter," 
borne on the packages containing the article, was false and misleading and 
deceived and misled the purchaser in that the said statement represented 
that the article consisted wholly of butter, a product which should contain 
not less than 80 per cent by weight of milk fat, as prescribed by law, whereas 
it did not, but did consist of a product containing less than 80 per cent by weight 
of milk fat
On March 28,1930, the Cudahy Packing Co., Savannah, Ga., claimant, filed an 
answer admitting the material allegations of the libel, stating that no opposi- 
tion would be offered to the condemnation of the butter, alleging that the defect 
therein were the fault of the creamery company, and praying release of the 
product upon payment of costs and the execution of a good and sufficient bond, 
conditioned that it would not be sold or disposed of contrary to law. Upon 
approval of the said bond the court ordered the product released to the claimant.
ABTHUB M. HYDE, Secreary of Agriculture.