29938. Adulteration  and misbranding of  butter.     U.   S.   v.  3   Cases  of  Butter.
Default decree of condemnation and destruction.     (F. & D.  No. 44228. 
Sample Nos. 32279-D, 32281-D.)
This product contained less than 80 percent of milk fat.
On October 3, 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 three cases of butter 
at Chicago, Ill. alleging that the article had been shipped in interstate com- 
merce on or about September 15, 1938, by Blue Valley Creamery Co. from 
Watertown, S. Dak.; and charging adulteration and misbranding in violation 
of the Food and Drugs Act The article was labeled in part: (Carton) "Blue 
Valley Butter."
It was alleged to be adulterated in that a product which contained 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 29, 1938, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
HAEBT L. BROWN, Acting Secretary of Agriculture.