28232. Adulteration and misbranding of butter.    U. S. v. 22 Cartons of Butter.
Decree of condemnation.    Product released under bond for reworking.
(F. & D. No. 40551.    Samples Nos. 54767-C, 54772-C.)
This product contained less than 80 percent of milk fat.
On October 8, 1937, 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 22 cartons of butter 
at Springfield, Mass., shipped on or about September 30, 1937, alleging that the
article had been shipped in interstate commerce from Clinton, Iowa, by Swift 
& Co., and charging adulteration in violation of the Food and Drugs Act. The 
article was labeled in part: "Swift's Brookfield 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, which it pur- 
ported to be—the act of March 4, 1923, providing that butter shall contain not 
less than 80 percent by weight of milk fat.
Misbranding was alleged in that the product was an imitation of and was 
offered for sale under the distinctive name of another article, butter.
On October 27, 1937, Swift & Co., Chicago, Ill., claimant, having admitted the 
allegations of the libel, judgment of condemnation was entered, and the product 
was ordered released under bond conditioned that it be reworked to contain at 
least 80 percent by weight of milk fat.
HABSY L. BROWN, Acting Secretary of Agriculture.