28856. Adulteration and misbranding of butter. IT. S. v. 15 Cases of Butter. 
Default decree of condemnation and destruction. (F. & D. No. 42011. 
Sample Nos. 16054-D, 16085-D.)
This product contained less than 80 percent of milk fat.
On March 8, 1938, the United States attorney for the Eastern District of 
Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 15 cases of butter at 
Baton Rouge, La., alleging that the article had been shipped in interstate com- 
merce on or about January 20, 1938, from Paris, Tex., by Swift & Co., and 
charging adulteration and misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: "1 Pound Net Swift's Brookfield But- 
ter   *    *   *   Distributed by Swift & Co., General Office Chicago."
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 since it contained less than 80 percent, of milk fat.
On April 11, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.