19100. Adulteration   and   Misbranding of   butter.    IT.   S.   v.   38   Boxes   of
Alleged Butter. Default decree of condemnation, forfeiture, and 
destruction.     (F. & D. No. 26140.    I. S. No. 27914.    S. No. 4366.)
Examination of the alleged butter herein described having shown that it 
consisted chiefly of lard and contained practically no butterfat, the Secretary 
of Agriculture reported the matter to the United States attorney for the 
Middle District of Pennsylvania.
On March 9, 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 38 boxes of alleged butter, remaining in the original unbroken 
packages at Harrisburg, Pa., consigned on or about February 25, 1931, alleging 
that the article had been shipped by L. Ferris, commission merchant, New 
York, N. Y., and had been transported from the State of New York into the 
State of Pennsylvania, and charging adulteration and misbranding in violation 
of the food and drugs act. The label of the article bore the statements, "Pure 
Creamery Butter One Pound Net," and pictures of a cow in a stable and of a 
girl operating a churn.
It was alleged in the libel that the article was adulterated in that a substance, 
yellow oleomargarine, had been substituted wholly or in part for the said 
article, and had been mixed and packed with it so as to reduce, lower, or 
injuriously affect its quality or strength. Adulteration was alleged for the 
further reason that a valuable constituent of the article, butterfat, had been 
abstracted.
Misbranding was alleged for the reason that the statement, " Pure Creamery 
Butter," together with the pictures of a cow in stable and of a girl operating 
a churn, borne on the label, were false and misleading and deceived and misled 
the purchaser. Misbranding was alleged for the further reason that the article 
was an imitation of and was offered for sale under the distinctive name of 
another article.
On June 8, 1931, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
ABTHUE M. HYDE, Secretary of Agriculture.