29587. Adulteration and misbranding of butter.    V.  S. v. 330 Tubs of Butter.
Consent decree of condemnation.    Product released under bond to be 
reworked.    (F. & D. No. 44204.    Sample No. 21807-D.)
This product contained less than SO percent of milk fat.
On September 7, 1938, the United States attorney for the Northern District 
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 330 tubs of butter 
at Chicago, III.; alleging that the article had been shipped in interstate com- 
merce on or about August 21, 1938, by Mcllhaney Creamery Co. from Lubbock, 
Tex.; 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 
act of March 4, 1923.
It was alleged to be misbranded in that it was labeled butter, which was 
false and misleading since it contained less than 80 percent of milk fat.
On September 22, 1938, the Peter Fox Sons Co., Chicago, Ill., claimant, hav- 
ing admitted the allegations of the libel, judgment of condemnation was entered 
and the product was ordered released under bond, conditioned that it be 
reworked under the supervision of this Department so as to comply with the 
law.
M. L. WILSON, Acting Secretary of Agriculture.