17412. Adulteration and misbrandingr of butter.    IT. S. v. 35 Boxes of But 
ter. Consent decree of condemnation and forfeiture. Product 
released under bond. (F. & D. No. 24844. I. S. No. 025431. S. No. 
2897.)
On February 20, 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 35 boxes, each containing thirty-pound prints of butter, remain- 
ing in the original unbroken packages at Buffalo, N. Y., consigned by the H. C. 
Christians Co., Chicago, Ill., alleging that the article had been shipped from 
Chicago, Ill., February 14, 1930, and transported from the State of Illinois into 
the State of New York, and charging adulteration and misbranding in violation 
of the food and drugs act. The article was labeled in part: (Retail package) 
"I. V. Butter * * * I. V. Horn Co., Buffalo, N. Y., Distributors;" (whole- 
sale package) " H. C. Christians Co., Chicago, Ill."
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 representation was false and misleading, since the said article 
contained less than 80 per cent of milk fat.
On February 28, 1930, Isaac V. Horn, Buffalo, N. Y., having appeared as 
claimant for the property and having consented to the entry of a decree, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be released to the said claimant upon payment of costs 
and the execution of a bond in the sum of $800. conditioned in part that it be 
reworked under the supervision of this department so that it conform with the 
law.
ABTHUE M. HYDE, Secretary of Agriculture.