24325. Adulteration    and misbranding of    butter.     U.    S.   v.    2,107    Plain'
Prints,  et al..  of Butter.     Product  ordered  released  under  bond.
(F. & D. no. 35158.    Sample nos. n751-B, 11752-B.)
This case involved an interstate shipment of butter which was short weight 
and a part of which was also deficient in milk fat.
On January 9, 1935, the United States attorney for the District of Montana, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 4,132 prints of butter at Butte, 
Mont., alleging that the article had been shipped in interstate commerce in part 
on or about December 8, 1934, and in part on or about December 12, 1934, by 
the Cudahy Packing Co., from Denver, Colo., and charging adulteration and mis- 
branding of a portion and misbranding of the remainder in violation of the 
Food and Drugs Act as amended. A portion of the article consisted of 1-pound 
prints labeled in part: (Parchment wrapper) "1 Lb. Net Weight * * *" 
Packed by The Cudahy Packing Co. Denver, Colo." The remainder of the 
article consisted of quarter-pound cubes, four in each carton labeled in part 
(Carton) "One Pound Net Weight Monogram Creamery Butter * * * The 
Cudahy Packing Co. General Offices Chicago."
The libel alleged that a portion of the article was adulterated in that a 
product containing less than 80 percent of milk fat had been substituted for 
butter.
Misbranding of the said portion was alleged for the reason that the statement 
"butter" on the label WPS false and misleading, since it contained less than 80 
percent by weight of milk fat. Misbranding was alleged with respect +o both 
lots for the reason that the statement " One Pound Net Weight" was false and 
misleading, since the packages contained less than 1 pound, and for the further 
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 since the 
statement made was incorrect.
On January 23, 1935, the Cudahy Packing Co. having appeared as claimant 
for the property and having admitted the allegations of the libel, judgment was 
entered ordering that the product be released to the claimant under bond, con- 
ditioned that it should not be sold or otherwise disposed of contrary to the 
provisions of the Federal Food and Drugs Act and all other laws.
M. L. WILSON, Acting Secretary of Agriculture.