21441. Adulteration and Misbranding of butter.    V. S. v. 15 Boxes and 25
Boxes   of   butter.     Default   decrees   of   destruction.      (F.  &  D.   nos. 
30987, 30988.    Sample nos. 42839-A, 42841-A.)
These cases involved two lots of butter, the packages or labels of which 
failed to bear statements of the quantity of the contents. Samples taken from 
both lots were found to contain less than 80 percent by weight of milk fat, 
the standard for butter established by Congress.
On August 2 and August 4, 1933, the United States attorney for the Western 
District of Missouri, acting upon reports by the Secretary of Agriculture, filed 
in the district court libels praying seizure and condemnation of 25 boxes, each 
containing thirty 1-pound prints of butter at Kansas City, Mo., alleging that 
the article had been shipped in interstate commerce on or about July 31, 1933, 
by the B^-K Creamery, from Atchison, Kans., and charging adulteration and 
misbranding in violation of the Food and Drugs Act.
It was alleged in the libels that the article was adulterated in that it 
contained less than 80 percent of butterfat, the standard established by the 
act of Congress of March 4, 1923.
Misbranding was alleged for the reason that the article failed to bear a 
plain and conspicuous statement of the net weight.
On September 25, 1933, no claimant having appeared for the property, judg- 
ments were entered finding that the allegations of the libels were true, and 
ordering that the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.