22851. Adulteration and misbranding of butter. U. S. v. 20 Founds of 
Butter. Default decree of destruction. (F. & D. no. 33188. Sample 
no.  3001-B.)
This case involved a shipment of butter that contained less than 80 percent 
by weight of milk fat.
On July 5, 1934, the United States attorney for the Southern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 20 pounds of butter at Cin- 
cinnati, Ohio, consigned on or about June 28, 1934, alleging that the article 
had been shipped in interstate commerce, by Mary L. Burton, from Harper, 
Ky., and charging adulteration and misbranding in violation of the Food and 
Drugs Act.
It was alleged in the libel that the article was adulterated in that a product 
deficient in milk fat, in that it contained less than 80 percent by weight of 
milk fat, had been substituted for butter, a product which should contain not 
less than 80 percent by weight of milk fat as prescribed by the act of Congress 
of March 4, 1923, which the article purported to be.
Misbranding was alleged for the reason that the article was sold as and 
purported to be butter, when it should contain not less than 80 percent by 
weight of milk fat.
On July 5, 1934, no claimant having appeared, the court having found that 
the product was spoiled and unfit for human consumption, judgment was 
entered ordering that it be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.