30053. Adulteration and misbranding of butter.     U. S. v. 8 Boxes and 12 Boxes
of  Butter.    Decrees  of condemnation.    Product released under bond.
(F. & D. Nos. 4461L, 4*685.    Sample Nos. 42142-D, 42153-D.)
This product contained less than 80 percent of milk fat.
On December 22, 1938, and January 7, 1939, the United States attorney for 
the Eastern District of Pennsylvania, acting upon reports by the Secretary of 
Agriculture, filed in the district court libels praying seizure and condemnation
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of 20 boxes of butter at Philadelphia, Pa.; alleging that the article had been \ 
shipped in interstate commerce in part on or about December 11, 1938, and in 
part on or about December 31, 1938, by the Garfield Cooperative Creamery from 
Garfield, Minn.; and charging that the article was adulterated and that a por- 
tion was also misbranded in violation of the Food and Drugs Act.
Adulteration was alleged 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.
A portion of the article was alleged to be misbranded in that it was labeled 
"Butter," which statement was false and misleading, since the product con- 
tained less than 80 percent of milk fat.
On December 30, 1938, and January 9, 1939, the Garfield Cooperative Cream- 
ery having appeared as claimant, judgments of condemnation were 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.
HARRY-L. BROWN, Acting Secretary of Agriculture.