5394.?Adulteration and misbranding- of. ?butter.     V. S.    *    *    *    v. OOO Tubs,
350 Tubs, and 800 Tubs of Butter. Consent decrees of condemna??
tion and forfeiture. Product released under bond. (F. & D. Nos.?
10913, 10914, 11053. I. S. No
s. 7700-r, 7731-r, 7734-r. S. Nos. C-l-100,?
C-1401,   C-1405.)?
On August 5, August 6, and August 8, 1919, the United States attorney for?
the Northern District of Illinois, acting upon a report by the Secretary of?
Agriculture, filed in the District Court of the "United States for said district?
libels for the seizure of 600 tubs, 350 tubs, and 300 tubs, respectively, of but??
ter, alleging that a portion of the article "had been shippe'd by the F. J. Munn?
Co., on July '24, and July 28, 1919, a portion by the Crescent Creamery Co., on?
July 25, 1919, and a portion by Miller & Holmes, on July 28, 1919, all located?
at St. Paul, Minn., and transported from the State of Minnesota into the State?
of Illinois, and charging adulteration and misbranding in violation of the Food?
and Drugs Act.
Adulteration of the article in each shipment was alleged in the libels for the?
reason that a substance, to wit, excessive water1', had been mixed and packed?
therewith so as to reduce and lower and injuriously affect its quality and?
strength, for the further reason that a substance deficient in milk fat and high?
in moisture had been substituted in part for the article, and for the further?
reason that a valuable constituent of the article, to wit, butter fat, had been?
in part abstracted from said article.
' Misbranding of the article in each shipment was alleged for the reason that?
it was an imitation of, and was offered for sale under the distinctive name of,?
another article, to wit, butter.
On November 1, 1919, the F. J. Munn Co., the Crescent Creamery Co.. and?
Miller & Holmes, of St. Paul, Minn., claimants, having admitted the allegations?
of the libels and consented to decrees, judgments of condemnation and for??
feiture were entered, and it was ordered by the court that the product be re??
leased to said claimants upon payment of the costs of the proceedings and the?
execution of bonds in the sum of $1,000 each, in conformity with section 10?
of the act, conditioned in part that the article be reprocessed under the super??
vision of representatives of this department.
E. D. BALL, Acting Secretary of Agriculture.