28071. Alisbrandlng: and alleged Adulteration of butter.     V.  S. v. 37 Gases and
91 Cases of Butter. Decrees of condemnation. Product released under 
bond for reworking. (F. & D. Nos. 40254, 40274. Sample Nos. 35336-C, 
35338-C.)
This product contained less than 80 percent by weight of milk fat.
On August 27 and September 1, 1937, the United States attorney for the 
"Western District of Tennessee, acting upon reports by the Secretary of Agri- 
culture, filed in the district court libels praying seizure and condemnation of 128 
cases of butter at Memphis, Tenn., alleging that the article had been shipped 
in interstate commerce on or about August 20 and 26, 1937, from Bruce, Miss., 
by the Yorkshire Creamery Co., and charging adulteration and misbranding 
in violation of the Food and Drugs Act. The article was labeled: "Riverdale 
Brand Creamery Butter''; or "Morrell's Yorkshire Farm Brand Creamery 
Butter."
It 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 Congress of March 4, 1923.
It was alleged to be misbranded in that the statement "Butter," on the label, 
was false and misleading since it contained less than 80 percent of milk fat.
On October 11, 1937, the Yorkshire Creamery Co., Bruce, Miss., and John 
Morrell & Co., Memphis, Tenn., claimants, having admitted that the product 
was deficient in milk fat, judgment was entered finding it misbranded and 
ordering that it be condemned and released under bond for reworking.
HARRY L. BROWN, Acting Secretary of Agriculture.