20071. Adulteration and Misbranding of butter.    U.S. v. 3 Cases of Butter.
Default    decree    of    condemnation,   forfeiture,    and    destruction.
(F. & D. No. 28423.    Sample No. 4153-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 June 1, 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 three 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 May 10, 1932, by the Watervliet Creamery 
Co., from Watervliet, Mich., to Chicago, Ill., and charging adulteration and
misbranding in violation of the Food and Drugs Act.   The article was labeled 
in part, (carton) "Butter."
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, since it con- 
tained less than 80 percent of milk fat.
On July 14, 1932, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be destroyed by the United States marshal.
R. G. TTJGWEILL, Acting Secretary of Agriculture.