21313. Adulteration and Misbranding of butter.    U. S. v. 13 Tubs of Butter.
Consent decree of condemnation and forfeiture. Product re- 
leased under bond to be reworked. (F. & D. no. 30836. Sample no. 
40675-A.)
This case involved a shipment of butter which contained less than 80 per- 
cent of milk fat and which was not labeled with a statement of the quantity 
of the contents.
On June 30, 1933, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 13 tubs of butter 
at Chicago, Ill., alleging that the article had been shipped in interstate com- 
merce on June 21, 1933, by White Lily Creamery, Guttenberg, Iowa, and 
charging adulteration and misbranding in violation of the Food and Drugs Act 
as amended.
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, a product which should contain not less than 80 percent of milk 
fat as provided by the act of Congress of March 4, 1923.
Misbranding was alleged for the 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.
On July 1, 1933, the Peter Fox Sons Co., Chicago, Ill., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered
, and it was 
ordered by the court that the product be released to the claimant to be re- 
worked upon payment of costs and the execution of a bond in the sum of $500, 
conditioned that it should not be sold or otherwise disposed of contrary to the 
Federal Food and Drugs Act and all other laws.
M. L. WILSON, Acting Secretary of Agriculture.