18284. Adulteration and Misbranding of butter. IT. S. v. 11 Tubs of Butter. 
Consent decree of condemnation and forfeiture. Product released, 
under bond.     (F. & D. No. 26427.    I. S. No. 30017.    S. No. 4637.)
Samples of butter from the shipment herein described having been found to 
contain less than 80 per cent by weight of milk fat, the standard provided by 
Congress, the Secretary of Agriculture reported the matter to the United States 
attorney for the Southern District of New York.
On April 15, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 11 tubs of butter, remaining in the original unbroken packages 
at New York, N. Y., alleging that the article had been shipped by the Land 
O'Lakes Creameries, Minnesota Transfer, Minn., April 4, 1931, and had been 
transported from the State of Minnesota into the State of New York, 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 by the act of Congress of March 4, 1923.
Misbranding was alleged for the reason that the article was an imitation of 
or was offered* for sale under the distinctive name of another article, and 
for the further reason that it was labeled butter, which was false and mis- 
leading and deceived and misled the purchaser, since the article contained 
less than 80 per cent of milk fat.
On April 24, 1931, the Land O'Lakes Creameries (Inc.), claimant, having ad- 
mitted the allegations of the libel and consented to the entry of a decree, and 
having agreed that the product be reconditioned so that it contain at least 80^ 
per cent of butterfat, judgment of condemnation and forfeiture was entered, 
and it was ordered by the court that the product be released to the said claim- 
ant upon payment of costs and the execution of a bond in the sum of $300, 
conditioned in part that it be reworked and reprocessed so that it comply with 
the law.
ABTHUB M. HYDE, Secretary of Agriculture.