20317. Adulteration and Misbranding of butter.    U.S. v. 35 Boxes of Butter.
Default   decree   of   condemnation,   forfeiture,   and   destruction.
(F. & D. no. 28437.    Sample no. 8730-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 16, 1932, the United States attorney for the Western District of New 
York, 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 35 boxes each containing thirty 1-pound cartons of butter 
remaining in the original unbroken boxes, in part at Jamestown, N.Y., and in 
part at Olean, N.Y., assigned by McKean County Creamery, alleging that the 
article had been shipped from Smethport, Pa., on or about June 15, 1932, and 
had been transported from the State of Pennsylvania into the State of New 
York, and charging adulteration and misbranding in violation of the Food 
and Drugs Act. The article was labeled in part: (Retail package) " Smethport 
Brand Creamery Butter   *    *    *   McKean County Creamery, Smethport, Pa."
It was alleged in the libel that the article was adulterated in that a product 
containing less than 80 percent of milk fat had been substituted for butter.
Misbranding was alleged for the reason that the article was labeled "butter ", 
which was false and misleading, since it contained less than 80 percent of 
milk fat.
On October 31, 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. TTTGWELL, Acting Secretary of Agriculture.