20333. Adulteration and Misbranding of butter.    U.S. v. 20 Tubs of Butter.
Consent decree of condemnation and forfeiture. Product re- 
leased under bond for reworklns. (F. & D. no. 29068. Sample no. 
4374-A.)
This action involved the interstate shipment of a quantity of butter, sam- 
ples of which were found to contain less than 80 percent by weight of m;lk 
fat, the standard for butter prescribed by Congress.
On September 16, 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 20 tubs of butter, remaining in the original 
unbroken packages at Chicago, Ill., alleging that the article had been shipped 
in interstate commerce on or about September 7, 1932, by Peter Fox Sons 
Co., from Watertown, S.Dak., 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 sub- 
stance 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 October 14, 1932, Peter Fox Sons Co., 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 $500, conditioned in part 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.