19814. Adulteration and Misbranding of butter.     U. S. v. 7 Cases, et al., of
Butter. Default decrees of condemnation, forfeiture, and destruc- 
tion. 6551-A, 6556-A, 6557-A, 6605-A. F. & D. Nos. 28289, 28315, 28316, 
28317.)
These actions involved the interstate shipment of several lots 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 April 25 and April 27, 1932, the United States attorney for the Western 
District of Tennessee, acting upon reports by the Secretary of Agriculture, 
filed in the District Court of the United States for the district aforesaid 
libels praying seizure and condemnation of 68 cases of butter at Memphis, 
Tenn., alleging that the article had been shipped by the Elsass Creamery Co., 
from Rector, Ark., on various dates from April 15 to April 21, 1932, inclusive, 
and had been transported in interstate commerce from the State of Arkansas 
into the State of Tennessee, and charging adulteration and misbranding in 
violation of the food and drugs act as amended. The article was labeled in 
part: (Cartons) "Monogram Creamery Butter * * * The Cudahy Pack- 
ing Co."
It was alleged in the libels that the article was adulterated in that a 
substance containing less than 80 per cent of butterfat had been substituted in 
whole or in part for the article.
Misbranding was alleged for the reason that the statement, " Butter " was 
false and misleading when applied to a product deficient in butterfat.
On May 27, 1932, no claimant having appeared for the property, judgments 
? of condemnation and forfeiture were entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
HENKY A. WALLACE, Secretary of Agriculture.