18769. Adulteration and Misbranding of butter.     U. S. v. 25 Tubs of Butter.
Consent decree of condemnation and forfeiture.    Product released 
under bond.     (F. & D. No. 27168.    I. S. No. 37111.     S. No. 4980.)
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 14, 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 25 tubs of butter, remaining in the original unbroken packages 
at Chicago, Ill., alleging that the article had been shipped by the Elba Co- 
operative Creamery Association from Winona, Minn., July 3, 1931, and had 
been transported from the State of Minnesota into the State of Illinois, 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 substance 
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 further reason 
that the article was deficient in butterfat, in that 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 it con- 
tained less than 80 per cent of milk fat.
On July 22, 1931, Geo. T. Kruse & 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 execution of a bond in the sum of $1,000, conditioned that it should 
not be sold or otherwise disposed of contrary to the Federal food and drugs act 
and other existing laws. .   Axmm M HTDE 8ecretary of AgricultMe,