18559. Adulteration and Misbranding of butter. U. S. v. 5 Cases, et al., of 
Butter. Default decree of forfeiture. Product distributed to 
cbaritable institutions. (F. & D. No. 25265. I. S. Nos. 6344, 6345. 
S. No. 3384.)
Samples of buttter from the shipment herein described having been found to 
contain less than 80 per cent by weight of milk fat, the standard prescribed by 
Congress, the Secretary of Agriculture reported the matter to the United States 
attorney for the Southern District of Alabama.
On or about August 11, 1930, the United States attorney filed in the District 
Court of the United States for the district aforesaid a libel praying seizure 
and condemnation of 10 cases of butter, remaining in the original packages 
at Mobile, Ala., alleging that the article had-'been shipped by the Morning Glory 
Creameries, from Nashville, Tenn., on or about July 29, 1930, and had been 
transported from the State of Tennessee into the State of Alabama, and charg- 
ing adulteration and misbranding in violation of the food and drugs act. A por- 
tion of the article was labeled in part: " Morning Glory Butter, Morning Glory 
Creameries Houston, Memphis, New Orleans, Nashville." The remainder of the 
said article was labeled in part: " Sweet Clover Butter * * * Manufactured 
by Morning Glory Creameries."
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 pur- 
ported to be; and for the further reason 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 by weight of milk fat as pre- 
scribed by the act of May (March) 4, 1923.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article.
On November 12, 1930, no claimant having appeared for the property, judg- 
ment of forfeiture was entered and it was ordered by the court that the product 
be delivered to charitable institutions.
ABTHUB M. HYDE, Secretary of Agriculture.