18915. Adulteration and Misbranding of butter.    U. S. v. 4 Tubs of Butter.
Default    decree    of    condemnation,   forfeiture,    and   destruction.
(F. & D. No. 27151.    I. S. No. 35329.    S. No. 4977.)
Samples of butter from the shipment herein described having been found 
to contain less than 80 per cent by weight of milk fat, the standard pre- 
scribed by Congress, the Secretary of Agriculture reported the matter to the 
United States attorney for the Northern District of Illinois.
On July 13, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and condem- 
nation of 4 tubs of butter, remaining in the original unbroken packages at 
Chicago, Ill., alleging that the article had been shipped by W. H. Freund, from 
Ridgeland, Wis., July 2, 1931, and had been transported from the State of Wis- 
consin 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 sub- 
stance 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 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 in that it con- 
tained less than 80 per cent of milk fat.
On October 12, 1931, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
ABTHUB M. HYDE, Secretary of Agriculture.