22455. Adulteration and misbranding of butter.    U.  S. v. 87 Boxes and 78
Boxes of Butter.     Consent decree of condemnation.    Product re- 
leased under bond.     (F. & D. no. 32626.    Sample nos. 68224-A, 68238-A.)
This case involved an interstate 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 April 4, 1934, the United States attorney for the Western 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 87 boxes each con- 
taining 32 pound prints, and 78 boxes each containing 16 pound prints of butter 
at Buffalo, N. Y„ alleging that the article had been shipped in interstate com- 
merce, from Providence, R. I., on or about March 29, 1934, and charging adul- 
teration and misbranding in violation of the Food and Drugs Act. The product 
had been originally shipped in interstate commerce into the State of Rhode 
Island and was reshipped to Buffalo, N. Y., by the original consignee under 
instructions of the owner, Bridgeman Russell Co., Inc. The pound cartons were 
labeled in part: " Ferncrest Creamery * * * Packed Especially for Cooper 
& Sisson, Inc., Providence, R. I.,   *    *    *    Butter."
It was alleged in the libel that the article was adulterated in that it showed 
a material deficiency in butterfat content.
Misbranding was alleged for the reason that the label " Butter " was false and 
misleading, since it contained less than 80 percent of milk fat.
On April 24, 1934, the Bridgeman Russell Co., Inc., Buffalo, N. Y., having 
intervened and filed a claim as owner of the product, and having consented 
to the entry of a decree, judgment of condemnation was entered and it was 
ordered by the court that the product might be released to the claimant upon 
payment of costs and the execution of a bond in the sum of $2,500, conditioned 
that it be reworked so that it comply with the law. In pronouncing judgment 
the court handed down the following memorandum opinion  (Knight, D. J.) :
"Shipper requests release of seizure under usual conditions for recondition- 
ing! The memoranda furnished the court show that heretofore a number of 
seizures have been made of butter shipped by this company found to be low 
in fat. Because of these prior seizures, the court with some reluctance, grants 
this application for release. I grant the application with caution to this 
shipper that greater care should be used in its test of its products. I make this 
memorandum with the additional purpose that it may be considered by any 
court in which any violation in connection with the goods shipped may be 
prosecuted."
M. L. WILSON, Acting Secretary of Agriculture.