10273.?Adulteration  and  misbranding  of butter color.     U.  S.    *      *     *     v.
15,680 Capsules * * * of Butter Color. Default decree of con??
demnation, forfeiture, and destruction. (F. & D. No 15404. I. S.?
No. 236-t.    S. No. C-3247.)
On September 29, 1921, 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 a libel for the seizure?
and condemnation of 15,680 capsules of butter color, at Chicago, 111., alleging?
that the article had been shipped by T. Willard Ready, Niles., Mich., May 3,?
1921, and transported from the State of Michigan into the State of Illinois,?
and charging adulteration and misbranding in violation of the Food and Drugs?
Act.
Adulteration of the article was alleged in substance in the libel for the rea??
son that a substance, to wit, mineral oil, had been mixed and packed with the?
said article so as to reduce and lower and injuriously affect its quality; for?
the further reason that the said substance had been substituted in part for an?
article of food containing edible oil, which the said article purported to be;?
and for the further reason that the said article had been mixed and colored in?
a manner whereby inferiority was concealed.
Misbranding was alleged for the reason that the article was labeled in part?
on the box containing the same as follows, to wit, " Butter Color Capsules?
Each capsule will color 1 pound The color contained in these capsules is?
Yellow A. B. & O. B. and is guaranteed to comply with U. S. Department of?
Agriculture regulations. * * * " which statement was false and mislead??
ing and deceived and misled the purchaser in that it was applied to a product?
containing mineral oil.
On February 18, 1922, no claimant having appeared for the property, judg??
ment of condemnation and forfeiture was entered, and it was ordered by the?
court that the product be destroyed by the United States marshal.
C. F. MARVIN, Acting Secretary of Agriculture.