20872. Adulteration and  Misbranding of butter.     17.  S.  v.  106  Cartons   of
Butter. Consent decree of condemnation and forfeiture. Prod- 
uct released under bond to be re-worked. (F. & D. no. 29954. 
Sample no. 21507-A.)
This case involved a shipment of butter, samples of which were found to 
contain less than 80 percent by weight of milk fat, the standard for butter 
established by Congress. Certain retail cartons examined also were found to 
contain less than 1 pound, the declared weight
On March 2, 1933, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States a libel praying seizure and condemnation of 
106 cartons, each containing 30 retail cartons of butter at New York, N.Y., 
alleging that the article had been shipped in interstate commerce on February 
7, 1933, by the Spur Creamery, from Spur, Tex., to New York, N.Y., and 
charging adulteration and misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: (Retail carton) " O. B. L. 
(best butter)    *   *    *   One Pound Net."
It was alleged in the libel that the article was adulterated in that a product 
containing less than 80 percent by weight of milk fat had been substituted 
for butter.
Misbranding was alleged for the reason that the statements, " Butter" and 
" One Pound Net", borne on the label, were false and misleading. Misbranding 
was alleged for the further reason that the article was food in package form 
and the quantity of the contents was not plainly and conspicuously marked 
on the outside of the package, since the packages contained less than declared.
The Spur Creamery, Spur, Tex., appeared through an agent and filed a claim 
for the product, admitted the allegations of the libel, and consented to the 
entry of a decree. On March 8, 1933, judgment of condemnation and for- 
feiture was entered, the decree providing that the butter be released to the 
claimant under bond, conditioned that it be reworked so that it contain at 
least 80 percent of milk fat, and that the packages be marked with the true 
quantity of the contents.
R. G. TUGWELI,, Adtvng Secretary of Agriculture.