20031.. Adulteration and 1nisbranding of butter. U.S. v. 9 Cases of Butter.
Consent decree of conde1nnation and forfeitui·e. Product released
under bond to be re-woi•kecl. (F. & D. No. 28364. Sample Nos.
3224-A, 5510-A.)
This action was based on the interstate shipment of a· quantity of butter,
samples of which were found to contain less than 80 percent by weight of milk
fat, the standard prescribed by Congress.
On May 11, 1932, the United States attorney for the Northe_rn District of II·
linois, 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 9 cases of butter, remaining in the original unbroken packages
at Chicago, Ill., alleging that the article had been shipped in interstate commerce
on or about April 26, 1932, by the Farmers Cooperative Creamery Co.,
from Clear Lake, Wis., to Chicago, Ill., and charging adulteration and misbranding
in violation of the Food and Drugs Act. The article was labeled in part:
(Carton) "Butter"; (shipping case) "Farmers Co-Op. Creamery, Co., Clear
Lake, Wisconsin."
It was alleged in the libel that the article was adulterated in that a substance
deficient in butterfat had been mixed and packed therewith so as to reduce,
lower, and injuriously affect its quality and strength; and had .been substituted
in part for the said article. Adulteration was alleged for the further
reason that the article contained less than 80 percent of butterfat.
Misbranding of the article was alleged for the reason that it had been sold,
shipped, and labeled as "Butter," which was false and misleading in that said
article contained less than 80 percent of milk fat .
. On July 2, 1932, the Farmers Co-Operative Creamery Co., Clear Lake, Wis.,
claimant, having admitted the allegations of the libel and, consented to the
entry of a decree, judgment of condemnation 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 $250, conditioned in part that it
should not be sold or disposed of contrary to the provisions of the Food and
Drugs Act, or the laws of any State, Territory, district, or insular possession.