20713. Adulteration and Misbranding of butter.    U. S. v. 20 Cases of Butter.
Product  ordered  released  under  bond  to  be  reworked.    (F.  & D.
no. 29007.    Sample nos. 17232-A, 17233-A.)
This action involved an interstate shipment of butter, samples of which were 
found to contain less than 80 percent of milk fat, the standard for butter 
prescribed by Congress.
On September 13, 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 20 cases 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 September 9, 1932, by the Brook- 
lawn Creamery Co., from Salt Lake City, Utah, to Los Angeles, Calif., and 
charging adulteration and misbranding in violation of the Food and Drugs Act. 
A portion of the artice was labeled in part: "Brooklawn Pasteurized Butter 
Guaranteed by Brooklawn Creamery Co. Salt Lake City, Utah." The remainder 
was labeled in part: " Meadow Valley Butter * * * Packed Especially for 
Ben Valle Co., Los Angeles, Calif."
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 in part, 
"Butter", which was false and misleading, since it contained less than 80 
percent of milk fat.
On October 4, 1932, the court ordered that the product be released to the 
claimant, the Brooklawn Creamery Co., Salt Lake City, Utah, under bond in the 
sum of $250, conditioned that it be brought into compliance with the law. On 
October 11, 1932, the butter having been reworked, a final decree was entered 
ordering that the release be made permanent and the bond exonerated.
R. G. TUGWELL, Acting Secretary of Agriculture.