20211. Adulteration and Misbranding of butter.    U.S. v. 33 Tubs of Butter.
Decree of condemnation and forfeiture.    Product released under 
bond.     (P. & D. no. 28967.    Sample no. 16452-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 for butter provided by Congress.
On September 15, 1932, the United States attorney for the District of Massa- 
chusetts, 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 33 tubs of butter, remaining in the original un- 
broken packages at Boston, Mass., consigned about September 6, 1932, alleging 
that the article had been shipped in interstate commerce by the Borden Produce 
Co., Inc., from Omaha, Nebr., to Boston, Mass., 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 product 
containing less than 80 percent by weight of milk fat had been substituted for 
butter, which the said article purported to be.
Misbranding was alleged for the reason that the article was an imitation of 
and was offered for sale under the distinctive name of another article, " Butter."
On September 21, 1932, the Borden Produce Co., Inc., Omaha, Nebr., having 
appeared as claimant for the property and having admitted the allegations 
of the libel, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant upon 
payment of costs and the deposit of cash collateral in the sum of $400, as 
security that it should not be sold or otherwise disposed of contrary to the 
provisions of the Federal Food and Drugs Act, and all other laws. It was 
further ordered that the product should not be disposed of as butter, but should 
be used in the manufacture of other food products.
R. G. TTJGWHLL, Acting Secretary of Agriculture.