18640. Adulteratlon and Misbranding of batter.    U. S. v. 10 Tabs of Batter.
Consent decree of condemnation and forf eltare. Prodact released 
ander bond.     (F. & D. No. 27111.    I. S. No. 36349.    S. No. 4983.)
Samples of butter, from the shipment herein described having been found to 
contain less than 80 per cent of milk fat, the standard provided by Congress, 
the Secretary of Agriculture reported the matter to the United States attorney 
for the Northern District of Illinois.
On July 8, 1931, the United States attorney filed in the District Court of the 
United States for the district aforesaid a libel praying seizure and condemna- 
tion of 10 tubs of butter, remaining in the original unbroken packages at Chi- 
cago, Ill., alleging that the article had been shipped by the De Soto Creamery 
Co., from De Soto, Wis., June 29, 1931, and had been transported from the 
State of Wisconsin into the State of Illinois, and charging adulteration and mis- 
branding in violation of the food and drugs act.
It was alleged in the libel that the article was adulterated in that a sub- 
stance deficient in butterfat had been mixed and packed therewith so as to 
reduce and lower and injuriously affect its quality and strength, and had been 
substituted in part for the said article. Adulteration was alleged for the fur- 
ther reason that the article was deficient in butterfat, since it contained less 
than 80 per cent of butterfat.
Misbranding was alleged for the reason that the article had been sold, shipped, 
and labeled as butter, which was false and misleading, since the article con- 
tained less than 80 per cent of milk fat.
., On July 9, 1931, the H. C. Christians Co., Chicago, Ill., claimant, having ad- 
mitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was ordered 
by the court that the product be released to the said claimant to be reprocessed 
under the supervision of this department, upon payment of costs and the execu- 
tion of a bond in the sum of $1,000, conditioned in part that it should not be 
sold or otherwise disposed of contrary to the Federal food and drugs act and 
all other existing laws.
ABTHUB M. HYDE. Secretary of Agriculture.