20197. Adulteration and Misbranding of butter.    U.S. v. 8 Tubs of Butter.
Consent decree of condemnation and forfeiture. Product re- 
leased under bond for re-working. (F. & D. no. 28899. Sample no. 
3572-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 August 22, 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 eight tubs of butter, remaining in the original unbroken packages 
at Chicago, Ill., alleging that the article had been shipped in interstate com- 
merce on or about July 29,1932, by Producers Creamery Co., from Clinton, Mo., 
to Chicago, Ill., and charging adulteration and misbranding in violation of the 
Food and Drugs Act.
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 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 1, 1932, Land Oakes Creameries, Inc., Chicago, Ill., claimant, ; 
having admitted the allegations of the libel and having 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.
R. G. TUGWELL, Acting Secretary of Agriculture.