19993. Adulteration and Misbranding of butter.    TJ. S. v. 8 Cases, et al., of
Butter.     Consent  decree  of  condemnation  and  forfeiture.    Prod- 
uct   released   under  bond   to   be   reworked.      (Nos.   177-A,   178-A.
F. & D. No. 28581.)
This case involved the shipment of quantities of butter, samples of which 
were found to contain less than 80 per cent by weight of milk fat, the standard 
prescribed by Congress.. A portion of the article also was found to be short 
weight.
On July 7, 1932, the United States attorney for the Northern 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 cases of butter, remaining in the original un- 
broken packages at San Francisco, Calif., alleging that the article had been 
shipped in interstate commerce, on or about June 13, 1932, by Fergus County 
Creamery (Inc.), from Lewistown, Mont., to San Francisco, Calif., and charg- 
ing adulteration and misbranding in violation of the food and drugs act as 
amended. The article was labeled in part: "Armour's Oloverbloom Full Cream 
Butter." A portion of the prints were labeled, " 2 Lbs. Net Weight," and the 
remainder were labeled, "1 Lb. Net Weight"
It was alleged in the libel that the article was adulterated in that a product 
containing less than 80 per cent of butterfat had been substituted for the said 
article.
Misbranding was alleged for the reason that the article was labeled " Butter," 
which was false and misleading and deceived and misled the purchaser, when 
applied to a product containing less than 80 per cent of butterfat. Misbranding 
was alleged with respect to the portion of the product labeled "1 Lb. Net 
Weight," for the further reason that it was food in package form and the 
quantity of the contents was not plainly and conspicuously marked on the 
outside of the package, since the statement of the quantity of the contents 
was not correct.
On August 15, 1932, Armour & Co., claimant, having admitted the allegations 
of the libel and having consented to the entry of a decree, judgment of con- 
demnation and forfeiture was entered, and it was ordered by the court that 
the product be released to the said claimant for reworking under the supervision 
of this department, upon payment of costs and the execution of a bond in the 
sum of $300, 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.
HENBY A. WALLACE, Secretary of Agriculture.