20492. Adulteration  and  Misbranding of  butter.     V.   S.   v.  S   Cases  and  2
Cases of Butter.    Consent decree of condemnation, forfeiture, and 
destruction.     (P. & D. no.  28690.    Sample nos.  1568-A, 1569-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 prescribed by Congress.   The article also was found to be rancid.
On July 29, 1932, the United States attorney for the Western District of 
Washington, 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 seven cases of butter, remaining in the original 
unbroken packages at Longview, Wash., alleging that the article had been 
shipped in interstate commerce on or about July 25, 1932, by Frye & Co. from 
Portland, Oreg., to Longview, Wash., and charging adulteration and misbrand- 
ing in violation of the Food and Drugs Act.
It was alleged in the libel that the article was adulterated in that it con- 
sisted in whole or in part of a filthy, decomposed, or putrid animal substance. 
Adulteration was alleged for the further reason that a product containing less 
than 80 percent by weight of milk fat had been substituted for butter, a product 
which should contain not less than 80 percent of milk fat.
Misbranding of the article was alleged for the reason that it was labeled 
butter, which was false and misleading since it contained less than 80 percent 
of butter at.
On December 24, 1932, Frye & Co., Portland, Oreg., claimant, having con- 
sented to the destruction of the product, judgment of condemnation and 
forfeiture was entered, and it was ordered by the court that the product be 
destroyed by the United States marshal, and that costs of the proceedings be 
assessed against claimant.
R. G. TUGWELL, Acting Secretary of Agriculture.