25183. Adulteration and misbranding of butter. U. S. v. 3 Tubs of Butter. 
Default decree of condemnation. Product delivered to charitable in- 
stitution.     (F. & D. no. 36383.    Sample no. 30562-B.)
This case involved tub butter that was deficient in milk fat.
On August 23, 1935, the United States attorney for the Southern Distract 
of New York, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of three tubs of 
butter at New York, N. Y., alleging that the article had been shipped in inter- 
state commerce on or about August 19, 1935, by Roanoke Butter & Cheese, Inc., 
from Roanoke, Va., and charging adulteration and misbranding in violation of 
the Food and Drugs Act.
The article was labeled in part: "Arrow Dairy * * * New York N Y 
Process Butter   *    *    *    Factory No. 1    *    *    *    Roanoke Va."
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 March 4, 1923.
Misbranding was alleged for the reason that the statement on the label, 
"Butter", was false and misleading.
On September 21, 1935, no claimant having appeared, judgment of condem- 
nation was entered and it was ordered that the product be delivered to a 
charitable institution.
"W. R. GREGG, Acting Secretary of Agriculture.