20234. Adulteration and Misbranding of butter.    U.S. v. 11 Tubs of Butter.
Consent decree of condemnation and forfeiture. Product re- 
released under bond to be reworked. (F. & D. no. 28838. Sample 
no. 3558-A.)
This action involved a quantity of butter, samples of which were found to 
contain less than 80 percent by weight of milk fat, the standard for butter pre- 
scribed by Congress.
On or about August 9, 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 11 tubs of butter, remaining in the origi- 
nal unbroken packages at Chicago, Ill., alleging that the article had been 
shipped in interstate commerce on July 25, 1932, by the Bridgewater Creamery 
Co., from Salem, S.Dak., to Chicago, Ill., and charging adulteration in violation 
of the Food and Drugs Act.
It was alleged in the libel that the article was adulterated in that a sub- 
stance deficient in butterfat had been mixed and packed therewith 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 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 August 17, 1932, Gallager Bros., Inc., Chicago, Ill., claimant, having ad- 
mitted the allegations oŁ the libel and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was or- 
dered by the court that the product be released to the said claimant to be 
reworked under the supervision of this Department, upon payment of costs 
and the execution of a bond in the sum of $1,000, conditioned that it should not 
be sold or disposed of contrary to the provisions of the Federal Food and Drugs 
Act, and all other laws.
R. G. TUGWELL, Acting Secretary of Agriculture.