19685. Adulteration and Misbranding of butter.     V. S. v. 13 Boxes of But¬
ter.    Decree   of  condemnation   entered.     Product   released  under 
bond.     (F. & D. No. 27934.    I. S. No. 46570.    S. No. 5961.)
This action involved an interstate shipment of butter, samples of which were 
found to contain less than 80 per cent by weight of milk fat, the standard pre- 
scribed by Congress.
On or about February 27, 1932, the United States attorney for the Southern 
District of California, acting upon a report by the Secretary of Agriculture, 
filed in the District Court of the United States for the district aforesaid a libel 
praying seizure and condemnation of 13 boxes of butter, remaining in the 
original unbroken packages at Los Angeles, Calif., alleging that the article had 
T)men shipped in interstate commerce on or about February 18, 1932, by Armour 
Creameries, from Pocatello, Idaho, to Los Angeles, Calif., and charging adulter- 
ation and misbranding in violation of the food and drugs act.
It was alleged in the libel that the article was adulterated in that a product 
•containing less than 80 per cent of milk fat had been substituted wholly or in 
part for butter.
Misbranding was alleged for the reason that the statements appearing on the 
<?arton, "Armour's Cloverbloom Full Cream Butter One Pound Net Weight Dis- 
tributed by Armour Creameries, General Offices, Chicago * * * Armour's 
Full Cream Guaranteed," were false and misleading, since the article contained 
less than 80 per cent of milk fat.
On March 8, 1932, claim and answer having been filed, judgment of condemna- 
tion was entered and it was ordered by the court that the product be released
to the claimant upon payment of costs and the execution of a bond in the sum of 
$350, conditioned that it should not be sold or disposed of contrary to the pro- 
visions of the Federal food and drugs act and all other laws, and further con- 
ditioned that it be reworked under the supervision of this department.
HENRY A.   WALLACE,  Secretary of Agriculture.