21421. Adulteration   and   Misbranding of   butter.      IT.    S.   -v.   6   Cubes   of
Butter.     Decree of condemnation.    Product released under bond.
(F. & D. no. 30995.    Sample no. 29710-A.)
This case involved a shipment of butter, samples of which were found to 
contain less than 80 percent of milk fat, the standard for butter established, 
by Congress.
On July 24, 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 six cubes of butter 
at Los Angeles, Calif., alleging that the article had been shipped in interstate 
commerce on or about July 17, 1933, by Calder Bros., from Vernal, Utah, and 
charging adulteration and misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: " From Calder Bros. Creamery Co. 
*    *    *    Calder's Sweet Cream Butter."
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 article was labeled " Butter ", 
which was false and misleading, since it contained less than 80 percent of milk 
fat.
On August 3, 1933, H. J. Thorne, having appeared as claimant for the prop- 
erty and having admitted the allegations of the libel, judgment of condemna- 
tion was entered and it was ordered by the court that the product be released , 
to the claimant upon payment of costs and the execution of a bond in the sum 
of $125, conditioned that it be reworked under the supervision of this 
Department.
M. L. WILSON, Acting Secretary of Agriculture.