28239. Adulteration and misbranding of butter.    U. S. v. 507 Cases of Butter. 
Decree of condemnation.    Product released under bond for reworking:.
(F. & D. No. 40682.   Sample No. 62831-C.)
This product contained less than 80 percent of milk fat.
On October 28, 1937, the United States attorney for the Western District of 
Tennessee, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 507 cases of butter 
at Memphis, Tenn., alleging that the article had been shipped in interstate 
commerce on or about September 2, 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 in part: "Morrell's Yorkshire 
Farm Brand Creamery Butter.   *    *    *   Distributed By John Morrell & Co."
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 
March 4, 1923.
Misbranding was alleged in that the article was labeled "Butter," which was 
false and misleading as it contained less than 80 percent of milk fat.
On November 13, 1937, John Morrell & Co., 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 the legal 
standard.
HARRY L. BROWN, Acting Secretary of Agriculture.