21296. Adulteration and Misbranding of butter. U. S. v. 50 Cases and 50 
Cases of Butter. Decree of condemnation and forfeiture. Prod- 
uct released under bond. (F. & D. no. 30688. Sample nos. 46628-A, 
46629-A, 46630-A, 39044-A.)
This case involved interstate shipments of butter, samples of which were 
found to contain less than 80 percent by weight of milk fat, the standard for 
butter prescribed by Congress. Portions of the article were also found to be 
short weight.
On or about June 24, 1933, the United States attorney for the Eastern Dis- 
trict of Louisiana, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 100 cases of 
butter at New Orleans, La., alleging that the article had been shipped in inter- 
state commerce on or about June 16 and June 17, 1933, by the Lexington Ice 
& Creamery Co., Lexington, Miss., and charging adulteration and misbranding 
in violation of the Food and Drugs Act as amended. A portion of the article 
was labeled: (Case) "Lb. Prints in 1 Lb. Cartons Creamery Butter." Some 
cartons were marked " 1 Lb. Net Weight." The remainder of the article was 
labeled: (Carton) "Glenwood Creamery Butter 1 Pound Net Distributed bf 
Swift & Co."
It was alleged in the libel that the article was adulterated in that a sub- 
stance containing less than 80 percent by weight of milk fat had been substi- 
tuted for butter, a product which should contain not less than 80 percent of 
milk fat as provided by the act of March 4, 1923.
Misbranding was alleged for the reason that the article was labeled, " But- 
ter ", which was false and misleading, since it contained less than 80 percent 
of milk fat. Misbranding was alleged with respect to 50 cases of the product 
for the reason that the statements, (case) "Lb. Prints in 1 Lb. Cartons.", 
(cartons of portion) "1 Lb. Net Weight", were false and misleading. Mis- 
branding was alleged with respect to 25 cases of the remaining lot for the 
reason that the statement on the carton, " 1 Pound Net", was false and mis- 
leading. Misbranding was alleged with respect to the said 75 cases 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 statement made was incorrect.
On July 14, 1933, the Lexington Ice & Creamery Co., Lexington, Miss., having 
appeared as claimant for the property and having admitted the allegations of 
the libel, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the claimant upon pay- 
ment of costs and the execution of a bond in the sum of $1,400, conditioned 
that it should not be disposed of until it had been made to comply with the 
law and had been inspected and approved by this Department.
M. L. WILSON, Acting Secretary of Agriculture.