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.