26079. Misbranding of butter.     U.  S. v. Five Cases of Butter.     Consent decree
of   condemnation.    Product   released  under  bond  for   reconditioning.
(F. & D. no. 37673.    Sample no. 46725-B.)
This case involved an interstate shipment of butter that contained less than 
80 percent of milk fat.
On January 29, 1936, the United States attorney for the District of Hawaii, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of five barrels of butter at Honolulu, 
Hawaii, alleging that the article had been shipped in interstate commerce on or
about January 21, 1936, by the Challenge Cream & Butter Association, from 
San Francisco, Calif.,-and that it was misbranded in violation of the Food and 
Drugs Act. The article, contained in 1-pound cartons each containing four 
4-ounce wrapped prints, was labeled in part: (Cartons) "Danish Creamery 
Pasteurized Butter One Lb. Net Weight Quarters"; (print wrappers) "Made 
from Fancy Pasteurized Cream Net Weight Four Ounces."
The article was alleged to be misbranded in that the said statements on the 
cartons and on the print wrappers were false and misleading and deceived and 
misled the purchaser, since they represented that the article was butter, a 
product which must contain not less than 80 percent by weight of milk fat 
as required by the act of Congress of March 4, 1923; whereas the article, in 
fact, contained less than 80 percent by weight of milk fat.
On February 3, 1936, the City Transfer Co., Ltd., and Curtis Bailey, claim- 
ants, having admitted the allegations of the libel and having consented to a 
decree, judgment of condemnation was entered and it was ordered that the 
product be released under bond conditioned that it be reshipped to the con- 
signor, San Francisco, Calif., for reworking.
W. R. GREGG, Acting Secretary of Agriculture.