21423. Adulteration   and   Misbranding of   butter.     U.   S.   v.   27   Boxes   of
Butter. Consent decree of condemnation and forfeiture. Prod- 
uct released under bond.     (F. & D. no. 30918.    Sample no. 48731-A.)
This case involved a shipment of butter, samples of which contained less 
than 80 percent by weight of milk fat, the standard for butter established 
by Congress.
On or about July 18, 1933, the United States attorney for the Eastern Dis- 
trict of Washington, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 27 boxes of 
butter at Spokane, Wash., alleging that the article had been shipped in inter- 
state commerce, on or about July 8, 1933, by the Pend Orville Co., from Plains, 
Mont., and charging adulteration and misbranding in violation of the Food and 
Drugs Act.   The article was labeled in part: " Fancy Creamery Butter."
It was alleged in the libel that the article was adulterated in that it was 
deficient in butter at, and was below the standard required by law.
Misbranding was alleged for the reason that the statement " Butter ", borne 
on the label, was false and misleading and deceived and misled the purchaser.
On July 21, 1933, the Pend Orville Creamery Co., Plains, Mont., having 
appeared as claimant 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 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 provisions of the Federal Food and' 
Drugs Act.
M. L. WILSON, Acting Secretary of Agriculture.