11006.?Adulteration and misbranding? of butter.    IT.  S. v. 34 Tubs  of But?
ter. Decree of condemnation and forfeiture. Product released?
under bond.    (F. & D. No. 16514.    I. S. No. 1507-v.    S. No. E-4164.)
On September 5, 1922, the United States attorney for the District of Massa??
chusetts, acting upon a report by the Secretary of Agriculture, filed in the?
District Court of the United States for said district a libel of information for?
the seizure and condemnation of 34 tubs of butter, remaining in the original?
unbroken packages at Boston, Mass., alleging that the article had been shipped?
by the Lisbon Creamery, Lisbon, N. Dak., on or about August 1, 1922, and?
transported from the State of North Dakota into the State of Massachusetts,?
and charging adulteration and misbranding in violation of the Food and Drugs?
Act.
Adulteration of the article .was alleged in the libel for the reason that?
a substance, to wit, excessive water, had been mixed and packed therewith?
so as to reduce and lower and injuriously affect its quality and strength and?
had been substituted in part for butter, which the said article purported to?
be, and for the further reason that a valuable constituent of the said article,?
to wit, butter fat, had been in part abstracted.
Misbranding was alleged for the reason that the article was an imitation?
of and offered for sale under the distinctive name of another article, to wit?
butter.
On October 17, 1922, the Lisbon Creamery Co., Lisbon, N. Dak., having entered?
an appearance as claimant for the property and having filed a satisfactory?
bond in conformity with section 10 of the act, judgment of condemnation was?
entered, and it was ordered by the court that the product might be released to?
the said claimant upon payment of the costs of the proceedings.
C. F. MARVIN, Acting Secretary of Agriculture.