18773. Adulteration and alleged Misbranding of butter. U. S. v. 13 Tubs, 
et al., of Butter. Consent decree of condemnation entered. Prod- 
uct released under bond. (F. & D. Nos. 25270, 25272. I. S. Nos 3247, 
3248.    S. Nos. 3446, 3463.) 
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 act of Con- 
gress, the Secretary of Agriculture" reported the matter to the United States 
attorney,,for ,the Western District of New York.     , , 
- On-September 26 .and September 29, 1930, the United States attorney filed 
in the District Gohrt of the United States for the district aforesaid libels pray- 
ing seizure and condemnation of 95 tubs of butter, remaining in the original 
unbroken packages 'at Buffalo, N. Y., consigned by the Great Lakes Terminal 
Warehouse, Detroit, -Mich., alleging that the- article had been shipped from 
Detroit,-Mich.,-on September 5,1930, and had been transported from the State 
of Michigan into the State of New York, and ehargms? adulteration and mis- 
branding in violation of the food and drugs act.
It was alleged in the libels that the article was adulterated in that a product 
containing less than 80 per cent of milk fat (or butterfat) had 6een substituted 
for butter.
Misbranding was alleged for the reason that the article was represented to be 
butter, which was false and misleading, since it contained less than 80 per cent 
of milk fat.
On November 11, 1930, Thomas W. Hackworth (Inc.), having appeared as 
claimant for the property and having consented to the entry of decrees, judg- 
ments were entered condemning the product as adulterated, and it was ordered 
by the court that the said product be delivered to the claimant to be reworked 
under the supervision of this department, upon payment of costs and the execu- 
tion of bonds totaling $3,940, conditioned in part that it should not be sold or 
otherwise disposed of contrary to the Federal food and drugs act, or the laws 
of any State, Territory, district, or insular possession.
ARTHUR M. HYDE, Secretary of Agriculture.