28174. Adulteration and misbranding of butter.    TJ. S. v. 600 Gases and 50 Cases
of Butter.    Product released under bond to be reworked.     (F. & D. Nos.
40500, 40538, 40549.    Sample Nos. 53448-C, 53449-C, 53659-C, 53660-C.)
This product contained less than 80 percent of milk fat.
On September 27 and October 8, 1937, the United States attorney for the 
Southern District of Alabama, acting upon reports by the Secretary of Agri- 
culture, filed in the district court libels praying seizure and condemnation 
of 650 cases of butter at Mobile, Ala. On October 7, 1937, the libel filed on 
September 27 was amended. The libels alleged that the article had been 
shipped in interstate commerce in part on or about July 27, 1937, by the 
Yorkshire Creamery Co. from Bruce, Miss., and in part on or about August 
16, 1937, by John Morrell & Co. from Memphis, Tenn., and that it was adulter- 
ated and misbranded in violation of the Food and Drugs Act. A portion was 
labeled: "Riverdale Brand Creamery Butter * * * Distributed by John 
Morrell & Co. General Offices Ottumwa, Iowa." The remainder was labeled: 
"Greer's Moo Girl Creamery Butter * * * Manufactured for Autry Greer 
& Sons Mobile, Ala."
Adulteration was alleged in substance in that a product containing less than 
SO 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 prescribed by 
the act of March 4, 1923.
It was alleged to be misbranded in that the statement "Butter" was false 
and misleading and tended to deceive and mislead the purchaser since it 
contained less than 80 percent of milk fat.
On November 13, 1937, John Morrell & Co., of Memphis, Tenn., claimant, 
having admitted the allegations of the libels, judgments were entered ordering 
that the product, be released under bond conditioned that it should not be 
sold or disposed of until the milk-fat content had been raised to 80 percent.
HARRY L. BROWN, Acting Secretary of Agriculture.