24564. Adulteration and misbranding of butter.    U. S. v. 4 Cases of Print But¬
ter.     Consent  decree  of condemnation and sale.    (F. & D. no.  31118. 
Sample no. 40341-A.)
This case involved an Interstate shipment of butter that contained less than 
80 percent of milk fat.
On August 25, 1933, the United States attorney for the Northern District 
of Indiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of four cases of print 
butter at Hammond, Ind., alleging that the article had been shipped in inter- 
state commerce on or about August 9, 1933, by the Sugar Creek Creamery Co., 
from Danville, Ill., and charging adulteration and misbranding in violation 
of the Food and Drugs Act.    The article was labeled in part: "Pure Butter
* *   *   Packed for Nation-Wide Stores Co., St. Louis, Mo."
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 "Butter", 
which was false and misleading, since it contained less than 80 percent of 
milk fat. 
/
On November 29, 1933, in accordance with a stipulation entered into between ' 
the United States attorney and the intervenor, the Sugar Creek Creamery Co., 
judgment was entered ordering that samples from each case be withdrawn for
the Government and the intervenor, and that the remainder be condemned and 
sold.
W. R. GBEGG, Acting Secretary of Agriculture.