23188. Adulteration and misbranding of butter.    IT. S. v. One 50-Pound Tin
of     Butter.    Default     decree     of     condemnation     and     destruction.
(F.  & D.  no.  33402.    Sample no. 2823-B.)
This case involved a shipment of packing stock butter that was found to 
contain less than 80 percent by weight of milk fat.
On August 17, 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 one 50-pound tin of butter 
at Cincinnati, Ohio, alleging that the article had been shipped in interstate 
commerce on or about August 11, 1934, by Matt Gullett, from Fannin, Ky., and 
charging adulteration and misbranding in violation of the Food and Drugs Act.
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 pre-
scribed by the act of Congress of March 4, 1923, which the article purported 
to be.
Misbranding was alleged in that the article was sold and purported to be 
butter, whereas it was not, since it contained less than 80 percent by weight of 
milk fat
On October 2, 1934, no claimant having appeared, judgment was entered nunc 
pro tunc as of August 20, 1934, condemning the product and ordering it to be 
destroyed.
M. L. WILSON, Acting Secretary of Agriculture.