21404. Misbranding and alleged Adulteration of butter.    TJ.  S. v. 10 Cases
of Butter. Consent decree of condemnation and forfeiture. 
Product released under bond. (F. & D. no. 31204. Sample no. 
44615-A.)
Sample cartons of butter taken from the shipment involved in this case were 
found to contain less than 1 pound, the labeled weight, samples also were 
found to contain less than 80 percent by weight of milk fat, the standard for 
butter established by Congress.
On August 9, 1933, the United States attorney for the District of Hawaii, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 10 cases of butter at Honolulu, 
Hawaii, consigned by Armour & Co., alleging that the article had been shipped 
in interstate commerce, on August 1, 1933, from San Francisco, Calif., to 
Hawaii, and charging adulteration and misbranding in violation of the Food 
and Drugs Act as amended. The article was labeled in part: (Carton) "One 
Pound Net Weight Armour's Clover Bloom Full Cream Butter Distributed by 
Armour Creameries   *    *    *    Chicago."
It was alleged in the libel that the article was adulterated and misbranded as 
follows: It contained less than 80 percent by weight of milk fat; a substance 
had been mixed and packed with it so as to reduce and lower its quality and 
strength; it was labeled, " Full Cream Pasteurized Butter One Pound Net 
Weight", which was false and misleading and deceived and misled the pur- 
chaser ; and the quantity of contents was not plainly and conspicuously marked 
on the outside of the package.
On August 9, 1933, Armour & Co. having appeared as claimant for the prop- 
erty and having consented to the entry of a decree, judgment of condemnation 
and forfeiture was entered. The claimant having paid costs of the proceedings 
and filed a certified check in the amount of $140, conditioned that the product 
should not be disposed of in violation of the law, an order was entered by the 
court providing that the butter be released to the claimant to be reshipped to 
San Francisco, Calif., to be repacked.
M. L. WILSON, Acting Secretary of Agriculture.