28478. Adulteration and misbranding of butter.    U.  S. v.  5 Cartons of Butter.
Default decree of condemnation and destruction.     (F. & D. No. 40622. 
Sample Nos. 55201-C, 55203-C, 55210-C.)
This product contained less than 80 percent of milk fat.
On October 18, 1937, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of three cartons of butter 
at Springfield and two cartons of butter at Worcester, Mass., consigned on or 
about September 29, 1937, alleging that the article had been shipped in inter- 
state commerce from Mitchell, S. Dak., by Armour Creameries, and charging 
adulteration and misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: "Goldendale Creamery Butter Distributed by 
Armour Creameries."
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,1 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 January 14, 1938, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.