20135. Adulteration and Misbranding of butter.    U.S. v. 6 Tubs of Butter.
Default   decree   of   condemnation,   forfeiture,   and   destruction.
(F. & D. No. 28478.    Sample No. 4938-A.)
This action involved 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 21, 1932, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for the district aforesaid a libel praying seizure 
and condemnation of six tubs of butter, remaining in the original unbroken 
packages at Chicago, Ill., alleging that the article had been shipped in inter- 
state commerce on or about June 8, 1932, by the Delta Milk Producers Associa- 
tion, from Escanaba, Mich., to Chicago, Ill., and charging adulteration and 
misbranding in violation of the Food and Drugs Act. The article was labeled 
in part:  (Tag)  "From Delta Milk Producers Association   *    *   *   Butter."
It was alleged in the libel that the article was adulterated in that a substance 
deficient in butter fat had been mixed and packed with the said article so as to 
reduce and lower and injuriously affect its quality and strength, and had been 
substituted in part for the said article. Adulteration was alleged for the fur- 
ther reason that the article contained less than 80 percent of butter fat.
Misbranding was alleged for the reason that the article had been sold, shipped, 
and labeled as butter, which was false and misleading, since it contained less 
than 80 percent of milk fat.
On September 26, 1932, no claimant having appeared for the property, judg- 
ment 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. TUGWELL, Acting Secretary of Agriculture.