18792. Adulteration and Misbranding of butter. U. S. v. 9 Tubs, et al., of Butter. Decrees of condemnation and forfeiture. Product re- leased under bond. (F. & D. Nos. 27115, 27162. I. S. Nos. 31022, 28646. S. Nos. 4903, 5008.) Samples of butter from the shipments herein described having been found to contain less than 80 per cent by weight of milk fat, the standard provided by Congress, the Secretary of Agriculture reported the matter to the United States attorney for the District of Maryland. On or about June 30, 1931 and July 29, 1931, the United States attorney filed in the District Court of the United States for the district aforesaid libels praying seizure and condemnation of 16 tubs of butter, remaining in the original un- broken packages at Baltimore, Md., consigned in part on June 23, 1931, and in part about July 18, 1931, alleging that the article had been shipped by the Bosholt Creamery Co., of Bosholt, Wis., the former from Chicago, Ill., and the latter from Bosholt, Wis., and had been transported from the States of Illinois and Wisconsin into the State of Maryland, and charging adulteration and misbranding in violation of the food and drugs act; It was alleged in the libels that the article was adulterated in that a sub- stance deficient in butterfat had been substituted wholly or in part for the article, and had been mixed and packed with it so as to reduce, lower, or injuriously affect its quality or strength. Misbranding was alleged for the reason that the article was offered for sale under the distinctive name of another article; misbranding was alleged with respect to a portion of the article for the further reason that the labeling bore the statement " Butter," which was false and misleading and deceived and mis- led the purchaser; and with respect to the remainder of the article for the rea- son that the label bore the statement (on invoice) "Butter," which was false and misleading and deceived and misled the purchaser. On July 10, 1931 and August 17, 1931, the H. L. Piel Co., Baltimore, Md., having appeared as claimant for the property, judgments of condemnation and forfeiture were entered, and it was ordered by the court that the product be released to the said claimant, upon payment of costs, and the execution of bonds totaling $600, conditioned in part that it should not be sold or disposed of until reworked and brought to 80 per cent of milk fat, so that it conform to the requirements of the Federal food and drugs act. AETHUB M. HYDE, Secretary of Agriculture.