23184, Adulteration and ID.isbranding of butter.' U. S. v. 25 Cases and 21.
Cases of Butter. Default decrees of condemnation and destruction.
(F. & D. nos. 33319, 33381. Sample nos. 4180-B, 4182-B.)
These cases involved shipments of two lots of butter that contained less than
80 percent of milk fat. One lot was not labeled to show the quantity of the
contents.
On August 2 and August 7, 1984, the United States attorney for the Eastern
District of Louisiana, acting upon a report by the Secretary of Agriculture, filed
in the district court libels praying seizure and condemnation of 46 cases of butter
at New Orleans, La., alleging that the article had been shipped in interstate
commerce, on or about July 28, and July 29, 1934, by the Kraft-Phenix Cheese
Corporation, from Water Valley, Miss., and charging adulteration and misbranding
in violation of the Food and Drugs Act as amended. One lot was labeled:
(Carton) "Chiffon Whipt Pure Butter * * * Kraft-Phenix Cheese Corporation
* * * Chicago, Illinois"; (case) "Longino & Collins, Inc. New
Orleans, La." The other was labeled: (Carton) "Country Rolls 2 Longino &
Collins, Inc. New Orleans, La."
The article was alleged to be 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 of March 4, 19Q3.
Misbranding of the "Whipt" butter was alleged for the reason that it was
labeled "Butter", which w~s false and misleading, since it contained less than
80 percent of milk fat. Misbranding of the country-roll butter was alleged for
the reason that it was food in package form and the quantity of the contents was
not plainly and conspicuously marked on the outside of the package.
On October 19, 1!3'34, no claimant having appeared, judgments of condemnation
were entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agrioitltitre.