18716. Adulteration and Misbranding of butter.     U. S. v. 37 Tubs of Butter.
Consent decree of condemnation and forfeiture.    Product released 
under bond.     (F. & D. No. 26437.    I. S. No. 29347.    S. No. 4639.)
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 Southern District of New York.
On April 1, 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 37 tubs of butter, remaining in the original unbroken packages at 
New York, N. Y., alleging that the article had been shipped by Swift & Co., 
Kansas City, Mo., on or about May 20, 1929, to Buffalo, N. Y., and had been 
transported thereafter from Buffalo, N. Y., to New York, N. Y., on March 24, 
1931, 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 offered for sale under the distinctive name of another article, and for the 
further reason that it was labeled butter, which was false and misleading and 
deceived and misled the purchaser.
On June 18, 1931, Collyer & Co. (Inc.), New York, N. Y., claimant, having 
admitted the allegations of the libel, 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 $1,000, 
conditioned in part that it be reworked so that it comply with the law.
ABTHTJB M. HYDE, Secretary of Agriculture.