20441. Adulteration and Misbranding of butter.    U. S. v. 16 Cubes of Butter.
Product  released  under  bond  for  reworking.     (F.   &  I>.  no.  29219. 
Sample no. 24284-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 of milk fat, the 
standard prescribed by Congress.
On October 15, 1932, the United States attorney for the Southern District of 
California, 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 15 cubes of butter, remaining in the original 
unbroken packages at Los Angeles, Calif., alleging that the article had been 
shipped in interstate commerce on or about October 11, 1932, by Mountain 
States Creamery, from Salt Lake City, Utah, to Los Angeles, Calif., and charg- 
ing adulteration and misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: (Case) "Butter Keep Cool."
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 wholly or in 
part for butter.
Misbranding was alleged for the reason that the article was labeled butter, 
which label was false and misleading, since the article contained less than 80 
percent of milk fat.
On October 25,1932, F. J. Fish, Los Angeles, Calif., claimant, having admitted 
the allegations of the libel and having filed a release bond in the sum of $200, 
a decree was entered ordering that the product be delivered to the claimant to 
be brought into conformity with the law under the supervision of this Depart- 
ment. On November 5, 1932, the product having been reworked, a final decree 
was entered ordering that the release be made permanent, that the bond be 
exonerated, and that claimant pay costs of the proceedings.
R. G. TTTGWEIX, Acting Secretary of Agriculture.