17529. Adulteration and allegred Misbranding of butter.    U.  S. v. 37 Tubs
of Butter. Consent decree of condemnation and forfeiture. Prod- 
uct released under bond. (F. & D. No. 23858. I. S. No. 09199. S. No. 
1940.)
Samples of butter from the herein described interstate shipment having 
been found to contain less than the legal requirement of milk fat, namely, 
less than 80 per cent of milk fat, the Secretary of Agriculture reported the 
matter to the United States attorney for the Northern District of Illinois.
On April 20, 1929, the said United States attorney filed in the District Court 
of the United States for said district a libel praying seizure and condemnation 
of 37 tubs of butter, remaining in the original unbroken packages at Chicago, 
111., alleging that the article had been shipped by the West Hamlin Creamery 
Co., Elkhorn, Iowa, on or about April 9, 1929, and had been transported from 
the State of Iowa into the State of Illinois, and charging adulteration and mis- 
branding in violation of the food and drugs act.
It was alleged in the libel that the article was adulterated in that a sub- 
stance deficient in butterfat had been mixed and packed with it so as to reduce 
and lower and injuriously affect its quality and strength, and had been sub- 
stituted wholly or in part for the said article.
Misbranding was alleged for the reason that the article was offered for 
sale under the distinctive name of another article.
On April 29, 1929, Gallagher Bros., Chicago, Ill., claimant, having admitted 
the allegations of the libel and having consented to the entry of a decree, 
judgment was entered finding the product adulterated and ordering its con- 
demnation and forfeiture, and it was further ordered by the court that the, 
said product be released to the claimant upon payment of costs and the\
execution of a bond in the sum of $1,000, conditioned in part that it be 
reprocessed under the supervision of this department so that it contain not 
less than 80 per cent of butterfat.
ABTHUB M. HYDE, Secretary of Agriculture.