22470. Adulteration and misbranding of butter.    V.  S.  v.  Two  Tubs  Con¬
taining; Butter.    Default decree of destruction.     (F. & D. no. 32650. 
Sample no. 69014-A.)
A sample of butter taken from the shipment involved in this case was 
found to contain less than 80 percent of milk fat. The article was not labeled 
with a statement of the quantity of the contents.
On March 23, 1934, the United States attorney for the Western District 
of Missouri, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of two tubs of 
butter at Kansas City, Mo., alleging that the article had been shipped in 
interstate commerce on or about February 22, 1934, by St. Mary's Creamery, 
from St. Mary's, Kans., and charging adulteration and misbranding in viola- 
tion of the Food and Drugs Act as amended.
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 Congress approved 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 June 27, 1934, no claimant having appeared for the property, judgment 
was entered finding the product adulterated and misbranded, and ordering 
that it be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.