19967. Adulteration and Misbranding of butter.    U. S. v. 5 Cases of Butter.
Consent decree of condemnation and forfeiture.    Product released 
under bond.     (No. 1626-A.    F. & D. No. 28391.)
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. Sample cartons were also found, upon 
examination, to be short of the declared weight, 1 pound.
On May 26, 1932, the United States attorney for the Western District of 
Washington, 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 five cases of butter, remaining in the original 
unbroken packages at Longview, Wash., alleging that the article had been 
shipped in interstate commerce on or about May 24, 1932, by Frye & Co., from 
Portland, Oreg., to Longview, Wash., and charging adulteration and misbranding 
in violation of the food and drugs act as amended. The article was labeled in 
part: "Weight One Pound Standard Grade Butter Distributor No. 11 'May- 
flower.' "
It was alleged in the libel that the article was adulterated in that a product 
containing less than 80 per cent by weight of milk fat had been substituted for 
butter, a product which should contain not less than 80 per cent of milk fat 
as provided by the act of March 4, 1923.
Misbranding was alleged for the reason that the article was labeled, " Butter " 
and " Weight One Pound," which was false and misleading since the product 
contained less than 80 per cent of milk fat, and the packages contained less 
than 1 pound. Misbranding was alleged for the further reason that the article 
was food in package form and the quantity of the contents was not plainly 
and conspicuously marked on the outside of the package.
On June 18, 1932, Frye & Co., Portland, Oreg., claimant, having consented 
to the entry of a decree, judgment of condemnation and forfeiture was entered. 
The court having found that the product might be reconditioned by increasing 
the percentage of butterfat so that it would comply with the law, and that it 
might be repacked to weigh 1 pound or marked to show the true quantity of 
the contents, ordered that it be released to the claimant upon payment of costs 
and the execution of a bond in the sum of $250, conditioned that it should not 
be sold or otherwise disposed of contrary to the provisions of the Federal 
food and drugs act, and all other laws.
HENEY A. WALLACE, Secretary of Agriculture.