18707. Adulteration and Misbranding of butter.    XJ. S. v. 2 Cases, et al., of
Butter.    Consent decree of condemnation, forfeiture, and destruc- 
tion.     (F. & D. No. 26757.    I. S. Nos. 25564, 25565.    S. No. 4859.)
Samples of butter from the shipments herein described having been found to 
contain less than 80 per cent of milk fat, the standard provided by Congress, 
and portions of the article having been found short of the declared weight, the 
Secretary of Agriculture reported the matter to the United States attorney for 
the District of Kansas.
On June 17, 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 three cases, containing 83 pounds of butter, at Kansas City, Kans., 
alleging that the article had been shipped by Hickman Bros., Kansas City, Mo., 
in part on or about June 11, 1931, and in part on or about June 13, 1931, and 
had been transported from the State of Missouri into the State of Kansas, 
and charging that the article was adulterated, and that a portion was also 
misbranded in violation of the food and drugs act as amended. The article was 
labeled in part: " Dairy Clover Brand Creamery Butter One Pound Net."
It was alleged in the libel that the article was adulterated in that it con- 
tained less than 80 per cent of butterfat.
Misbranding was alleged with respect to a portion of the article for the 
reason that the statement, " One Pound Net Weight," appearing on the label, 
was false and misleading and deceived and misled the purchaser, since the said 
packages contained less than 1 pound net weight.
On June 25, 1931, the Mound City Creamery Co., Mound City, Mo., having 
entered an appearance as claimant and having consented to the entry of a 
decree, judgment of condemnation was entered and it was ordered by the court 
that the product be released to the said claimant upon the execution of a bond 
in the sum of $100, conditioned that it be destroyed under the supervision of 
this department and that claimant pay costs.
ABTHUE M. HYDE, Secretary of Agriculture.