17652. Adulteration and Misbranding of butter. U. S. v. 28 Tubs of Butter. 
Decree of condemnation and forfeiture. Product released under 
bond.    (F. & D. No. 25055.    I. S. No. 5861.    S. No. 3309.)
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 Eastern District of Pennsylvania. On 
July 28, 1930, the said United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 28 tubs of butter, remaining in the original unbroken packages at 
Philadelphia, Pa., consigned by the Buckman Cooperative Creamery Associa- 
tion, Buckman, Minn., alleging that the article had been shipped from Buck- 
man, Minn., on or about July 25, 1930, and had been transported from the
State of Minnesota into the State of Pennsylvania, and charging adulteration 
and misbranding in violation of the food and drugs act.
It was alleged in the libel that the article was adulterated in that a product 
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 of milk 
fat as provided for by the act of Congress of March 4, 1923.
Misbranding was' alleged for the reason that the article was offered for 
sale under the distinctive name of another article.
On August 5, 1930, Wm. M. Lippincott & Co., Philadelphia, Pa., having 
appeared as claimant for the property, judgment of condemnation and for- 
feiture 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 $1,000, conditioned in part that it be reconditioned under the 
supervision of this department.
ABTHTJE M. HYDE, Secretary of Agriculture.