29864. Adulteration and misbranding of butter.    U. S. v. 7 Tubs of Butter.    De¬
fault   decree   of  condemnation   and   destruction.      (F.   &   D.   No.   44150. 
Sample No. 38047-D.)
This product contained less than 80 percent of milk fat.
On September 30, 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 seven tubs of butter 
at New Orleans, La.; alleging that the article had been shipped in interstate 
commerce on or about September 21, 1938, by Dublin Creamery [Co.], Inc., 
from Dublin, Tex.; and charging adulteration and misbranding in violation of 
the Food and Drugs Act. The article was labeled in part: "Clear Brook Fancy 
Quality Creamery Butter."
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 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 November 11, 1938, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
HABBT L. BROWN, Acting Secretary of Agriculture.