21394. Adulteration and Misbranding of butter. U. S. v. 9 Cartons and 
29 Cartons of Butter. Consent decree of condemnation. Product 
released under bond. (F. & D. no. 30830. Sample nos. 29520-A, 
29522-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.
On July 12, 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 a libel praying seizure and condemnation of 38 cartons of butter 
at Riverside, Calif., alleging that the article had been shipped in interstate 
commerce on or about July 8, 1933, by Delta Valley Creamery Co., from Delta, 
Utah, and charging adulteration and misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part (Carton) "Butter." 
A portion of the article was in quarter-pound prints, unlabeled.
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 March 4,1923.
Misbranding was alleged for the reason that the statement " Butter " appear- 
ing on the label was false and misleading, since the product contained less 
than 80 percent of milk fat. Misbranding was alleged with respect to the 
quarter-pound prints for the further reason that it was food in package form 
and the quantity of the contents was not plainly and conspicuously marked on 
the outside of the package.
On August 16, 1933, Whitehead Bros., Inc., Riverside, Calif., claimants, hav- 
ing admitted the allegations of the libel, judgment of condemnation and for- 
feiture was entered, and it was ordered by the court that the product be 
released to the claimant to be brought into conformity with the law upon 
payment of costs and the execution of a bond in the sum of $100.
M. L. WILSON, Acting Secretary of Agriculture.