25170. Adulteration  and misbranding of butter.     U.   S.  v.  72 Tubs  of Butter.
Default  decree  of condemnation and destruction.     (F. & D.  no. 36298. 
Sample no. 37440-B.)
This case involved an interstate shipment of butter which was deficient in 
milk fat and which contained filth.
On August 3, 1935, the United States attorney for the Western District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 72 tubs of butter 
at Pittsburgh, Pa., alleging that the article had been shipped in interstate 
commerce on or about July 24, 1935, by the Valley Creamery, from New Mar-
tinsville, W. Va., and charging adulteration and misbranding in violation of the 
Food and Drugs Act.
The article was alleged to be adulterated in that it consisted in whole or in 
part of a filthy, putrid, or decomposed animal substance. Adulteration was 
alleged for the further reason that a product containing less than 80 percent 
of milk fat had been substituted for butter.
Misbranding was alleged for the reason that the article was represented to 
be butter, which was false and misleading since it contained less than 80 percent 
of milk fat.
On September 24, 1935, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be destroyed.
W. R. GEEGG, Acting Secretary of Agriculture.