25796. Adulteration  and misbranding of butter.     V.  S.  v.  14 Boxes   of Butter.
Decree of condemnation.    Product released under bond to be reworked. 
(F. & D. no. 37242.    Sample no. 65598-B.)
This case involved a shipment of butter that contained less than 80 percent 
of milk fat.
On February 7, 1936, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 14 boxes of butter 
at Springfield, Mass., consigned about January 29, 1936, alleging that the article 
had been shipped in interstate commerce by the R. E. Cobb Co., from Tracy, 
Minn., and charging adulteration and misbranding in violation of the Food 
and Drugs Act.
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 by weight of milk fat, as required 
by the act of Congress of March 4, 1923.
Misbranding was alleged for the reason that the article was an imitation of 
and was offered for sale under the distinctive name of another article, butter.
On March 23, 1936, the R. E. Cobb Co. having appeared as claimant and having 
admitted the allegations of the libel, judgment of condemnation was entered 
and it was ordered that the product be released under bond, conditioned that 
it be reworked so that it contain at least 80 percent of milk fat.
W. R. GEEGG, Acting Secretary of Agriculture.