22460. Adulteration  and misbranding of  butter.    U.   S.  v.   71   Pounds   of
Print  Butter.     Default  decree   of  condemnation,  forfeiture,  and 
destruction.     (F. & D. no. 32637.    Sample no. 64371-A.)
This case involved a shipment of butter that contained less than 80 percent 
by weight of milk fat. Sample packages taken from the shipment were also 
found to contain less than 1 pound, the labeled weight.
On March 6, 1934, the United States attorney for the Northern District of 
Illinois, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 71 pounds of butter 
at Harvey, Ill., alleging that the article had been shipped in interstate commerce, 
on or about February 24,1934, by the Hoosier State Creamery, from Rensselaer, 
Ind., and charging adulteration and misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: " Hoosier Maid Butter 
One Pound Net   *   *   *   Rensselaer, Indiana."
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. Misbranding was alleged for the further reason that the statement on 
the label, " One Pound Net", was false and misleading, and for the further 
reason that the article was food in package form and the quantity of the 
contents was not plainly and conspicuously marked on the outside of the 
package, since the statement made was not correct.
On April 6, 1934, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.