22059. Adulteration and misbranding of butter. IT. S. v. 335 Cartons, et al., 
of Butter. Consent decree of condemnation and forfeiture. Pro- 
duct released under bond to be re-worked. (F. & D. no. 31959. 
Sample no. ©6049-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 January 27, 1934, the United States attorney for the Southern District 
of New York, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 355 cartons, 
43 boxes, and 12 tubs of butter at New York City, N.Y., alleging that the article 
had been shipped in interstate commerce on or about January 19, 1934, by 
Davis-Cleaver Produce Co., from Quincy, Ill., and charging adulteration and 
misbranding in violation of the Food and Drugs Act. The product contained 
in the 355 cartons was labeled in part:   *   *   *   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 with respect to a portion of the article for the 
reason that the statement " Butter", borne on the label, was false and 
misleading.
On February 5, 1934, Davis-Cleaver Produce Co., claimant, having admitted 
the allegations of the libel and 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 $3,000, conditioned that it be reworked under 
the supervision of this Department, so that it contain at least 80 percent of 
milk fat.
M. L. WILSON, Acting Secretary of Agriculture.