28786. Adulteration  and misbranding of butter.     IT.  S.  v. 49 Cubes of Butter.
Consent decree of condemnation.    Product released under bond.   (F. & D.
No. 42093.   Sample No. 3130-D.)
This product contained less than 80 percent of milk fat.
On February 16, 1938, the United States attorney for the Northern District 
of California, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 49 cubes of 
butter at San Francisco, Calif., alleging that the article had been shipped in 
interstate commerce on or about May 1, 1937, from Hutchinson, Kans., by 
Salt City Creamery, of Hutchinson, Kans., 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, as provided by the 
act of March 4, 1923.
Misbranding was alleged in that the article was labeled "butter," which was 
false and misleading and deceived the purchaser, since it contained less than 
80 percent of milk fat.
On March 31,' 1938, Bennett & Layton, Inc., having appeared as claimant, 
judgment of condemnation was entered, and the product was ordered released 
under bond conditioned that it be brought up to the legal standard under the 
supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.