26602. Adulteration and misbranding of butter.     U. S. v. 1 Box and 1 Box of
Butter. - Consent decrees of condemnation. Product ordered destroyed 
or delivered to charitable institution. (F. & D. nos. 38242, 38243. Sample 
nos. 2734-C, 2735-C.)
These cases involved butter a part of which was deficient in milk fat and a 
part of which was short in weight.
On August 13, 1936, the United States attorney for the District of Oregon, 
acting upon reports by the Secretary of Agriculture, filed in the district court 
libels praying seizure and condemnation of two boxes of butter at Portland, 
Oreg., alleging that the article had been shipped in interstate commerce on or 
about August 7, 1936, by the Holland Creamery Co., from Vancouver, Wash., 
and charging adulteration and misbranding of a portion and misbranding of the 
remainder in violation of the Food and Drugs Act as amended. A portion of 
the article was labeled: "Weight One Pound (B) Forget-Me-Not Creamery 
Butter." The remainder was labeled: "Butter (A Grade) Distributor No. 71, 
Factory No. 23.   We Guarantee Oregon Groceteria Special."
A portion of the article was alleged to be adulterated in that a product con- 
taining 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 provided by the act of March 4, 1923.
Misbranding was alleged with respect to the said portion in that it was 
labeled "Butter", which was false and misleading since it contained less than 
80 percent by weight of milk fat.
The remaining lot was alleged to be misbranded in that it was labeled 
"Weight One Pound", which was false and misleading as the package con- 
tained less than that quantity; and in that it was food in package form and 
the quantity of the contents was not plainly and conspicuously marked on the 
outside of the package.
On September 21, 1936, the Holland Creamery Co., having consented to the 
entry of decrees, judgments of condemnation were entered and it was ordered 
that the product be destroyed or delivered to a charitable institution.
M. L. WILSON, Acting Secretary of Agriculture.