17577. Adulteration and Misbranding of butter. TJ. S. v. 44 Cases of Butter. 
Decree of condemnation and forfeiture. Product released under- 
bond.     (F. & D. No. 24953.    I. S. No. 037678.    S. No. 3281.)
Samples of butter from the herein described interstate shipment having 
been found to be deficient in milk fat and short weight, the Secretary of 
Agriculture reported the facts to the United States attorney for the Eastern 
District of Louisiana.
On or about July 3, 1930, the said United States attorney filed in the District 
Court of the United States for the district aforesaid a libel praying seizure and 
condemnation of 44 cases each containing 32 pounds of butter, remaining in the- 
original unbroken packages at New Orleans, La., alleging that the article had 
been shipped by the Fort "Worth Poultry & Egg Co.. Fort Worth, Tex., on or 
about June 17, 1930, and had been transported from the State of Texas into the 
State of Louisiana, and charging adulteration and misbranding in violation of
the food and drugs act as amended. The article was labeled in part: (Carton) 
" Goldendale Creamery Butter 1 lb. Net Weight Armour and Company * * * 
Distributors."
It was alleged in the libel that the article was adulterated in that a product 
deficient in milk fat had been substituted for butter which the said article 
purported to be. Adulteration was alleged for the further reason that a prod- 
uct containing 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 March 4, 1923, which the article 
purported to be.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article. Misbranding was alleged for 
the further reason that the statement " 1 Lb. Net Weight," borne on the label, 
was false and misleading and deceived and misled the purchaser; and for the 
further reason that the article was food in package form and the quantity 
of the contents was not plainly and conspicuously marked on the outside of the 
package, since the quantity stated on the package was not correct.
On July 17, 1930, Armour & Co. (Ltd.), New Orleans, La., having appeared 
as claimant for the property and having filed an answer confessing judgment, 
decree 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 
reconditioned and properly branded, so that it comply with the Federal food 
and drugs act.
AETHUB M. HYDE, Secretary of Agriculture.