28408. Adulteration  and misbranding of  butter.    U.  S.  v.  22  Cubes  of Butter.
Consent decree of condemnation.   Product released under bond.    (F. & D.
No. 41367.    Sample No. 63487-C.)
The product was deficient in milk fat.
On December 27, 1937, the United States attorney for the Western District of 
Washington, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 22 cubes of butter 
at Seattle, Wash., alleging that the article had been shipped in interstate com- 
merce on or about December 15, 1937 by Community Creamery from Mis- 
souri, Mont., and charging adulteration and misbranding in violation of the 
Food and Drugs Act.
The article 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.
It was alleged to be misbranded in that it was represented as butter, which 
representation was false and misleading, since it contained less than 80 percent 
of milk fat.
On December 28, 1937, Fred Madsen, trading as the Community Creamery, a 
corporation, appearing as claimant and consenting, judgment of condemnation
and forfeiture was entered. The property was ordered released under bond 
conditioned that it be brought up to the legal standard under the supervision 
of this Department.
HARRY L. BROWN, Acting Secretary of Agriculture.