23308.  Adulteration and misbranding of butter.    U. S. v. 9 Cases of Butter. 
Default   decree   of   condemnation   and   destruction.      (F.   &   D.   no.
33314.    Sample no. 6260-B.)
This case involved a shipment of butter, samples of which were found to 
contain less than 80 percent of milk fat.
On or about July 26, 1934, the United States attorney for the Southern 
District of Florida, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of nine cases 
of butter at Jacksonville, Fla., alleging that the article had been shipped in 
interstate commerce, on or about July 9, 1934, by the Carthage Creamery Co., 
from Carthage, Mo., and charging adulteration and misbranding in violation 
of the Food and Drugs Act. The article was labeled in part: " Country Roll 
Creamery Butter Pasteurized Distributors Wilson & Company, * * * Chi- 
cago."
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, 1923.
Misbranding was alleged for the reason that the article was labeled "But- 
ter ", which was false and misleading, since it contained less than 80 percent 
of milk fat.
On November 8, 1934, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.