22920. Adulteration and misbranding of butter.    TJ. S. v.  15  Cases, et al.,
of Butter. Default decrees of condemnation, forfeiture, and 
destruction. (F. & D. nos. 82940-A, 82940-B. Sample nos. 66561-A, 
66562-A.)
These cases Involved butter, samples of which were found to contain mold, 
fragments of insects, and other extraneous matter. The product was also short 
weight.
On June 26, 1934, the United States attorney for the Eastern District o* 
Louisiana, acting upon reports by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 30 cases each contain- 
ing 30 cartons, and 29 cases each containing 10 cartons of butter, at Baton 
Rouge, La., alleging that the article had been shipped in interstate commerce, or. 
or about June 15, 1934, by the Brookhaven Creamery Co., from Brookhaven, 
Miss., and charging adulteration and misbranding in violation of the Food ana 
Drugs Act as amended.   A portion of the article was labeled in part: (Carton)
" Brookhaven Fancy Creamery Butter One Pound Net * * * Brookhaven 
Creamery Co., Inc., Brookhaven, Gloster, Natchez, Miss." The remainder was 
labeled in part: (Carton) "Hormel Good Food Dairy Brand Creamery Butter 
One Pound Net   *   *   *   Geo. A. Hormel & Co., Distributors."
The product was alleged to be adulterated in that it consisted in whole or 
In part of a filthy, decomposed, or putrid animal substance.
Misbranding was alleged in that the statement " One Pound Net", borne on 
the carton, was false and misleading and deceived and misled the purchaser, 
and in that the article was food in package form and the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the package, 
since the statement made was incorrect.
On August 18, 1934, no claimant having appeared, judgments of condemna- 
tion and forfeiture were entered, and destruction of the product was ordered.
M. L. WILSON, Acting Secretary of Agriculture.