19765. Adulteration and Misbranding of butter.    U. S. v. 7 Cases of Butter.
Consent decree of condemnation and forfeiture. Product re- 
leased under bond to be reworked. (F. & D. No. 28267. I. S. Nos. 
53331, 53336.    S. No. 6119.)
This action involved the interstate shipment of a quantity of butter, samples 
of which were found to contain less than 80 per cent by weight of milk fat, 
the standard prescribed by Congress.
On or about March 25, 1932, the United States attorney for the Northern 
District of Illinois, 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 seven cases of print butter at Chicago, Ill., 
alleging that the article had been shipped in interstate commerce, on March 11, 
1932, by Swift & Co., from Columbus, Nebr., to Chicago, Ill., and charging 
adulteration and misbranding in violation of the food and drugs act. The 
article was labeled in part: (Carton) "Glenwood Creamery Butter * * * 
Distributed by Swift & Company,   *   *   *   Chicago, Ill."
It was alleged in the libel that the article was adulterated in that a product 
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 sub- 
stituted in part for the said article. Adulteration was alleged for the further 
reason that the article was deficient in butterfat, since it 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, since it con- 
tained less than 80 per cent of milk fat.
On April 5, 1932, Swift & Co., claimant, having admitted the allegations of 
the libel and having consented to the entry of a decree, judgment of condemna- 
tion and forfeiture was entered, and it was ordered by the court that the 
product be released to the said claimant to be reworked under the supervision 
of this department, upon payment of costs and the execution of a bond in the 
sum of $100, conditioned in part that it should not be sold or otherwise dis- 
posed of contrary to the provisions of the Federal food and drugs act and all 
other laws.
HENRY A. WALLACE, Secretary of Agriculture.