21047. Adulteration and Misbranding of butter.' U. S. v. 15 Cartons of 
Butter. Decree of condemnation entered. Product released 
under bond.    (P. & D. no. 30104.    Sample no. 29838-A.)
This case involved a quantity of butter, samples of which were found to con- 
tain less than 80 percent by weight of milk fat, the standard for butter estab- 
lished by Congress.
On March 13, 1933, 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 a libel praying seizure and condemnation 
of 15 cartons of butter at Los Angeles, Calif., alleging that the article had 
been shipped in interstate commerce, on or about March 7, 1933, by the Western 
Creamery Co., from Salt Lake City, Utah, to Los Angeles, Calif., and charging 
adulteration and misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: " Meadow Brook Butter."
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 per- 
cent of milk fat.
On April 11, 1933, the Western Creamery Co. entered an appearance and 
claim admitting the allegations of the libel, and filed a bond in the sum of 
$300, conditioned that the product would not be disposed of in violation of the 
law. On April 24, 1933, the product having been released to the claimant and 
having been reworked and found in compliance with the law, a decree was 
entered condemning the product and ordering that the release be made per- 
manent upon payment of costs of the proceedings.
M. L. WILSON, Acting Secretary of Agriculture.