11362. Adulteration and misbranding of batter. U. S. v. 108 Tubs of But??
ter. Decree of condemnation and forfeiture. Produet released?
upon deposit of collateral. (F. & D. No. 16518. I. S. No. 1506-v.?
S. No. E-4148.)
On September 11,
1922, the United States attorney for the District of Massa??
chusetts, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district a libel of information praying?
the seizure and condemnation of 108 tubs of butter, remaining in the original?
unbroken packages at Boston, Mass., alleging that the article had been shipped?
by Frank Sweeney, Chicago, 111., in part on or about August 11 and in part on
188	
BUREAU  OF   CHEMISTRY.	
[Supplement 158,
or about August 16, 1922, and transported from the State of Illinois 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 sub??
stance, 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. Adultera??
tion was alleged for the further reason that a valuable constituent of the said?
article, to wit, butterfat, 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 March 9, 1923, the Jim Falls Cooperative Butter & Cheese Co., Jim Falls,?
Wis., having entered an appearance as claimant for the property and having?
deposited $500 .collateral to secure compliance with the law, in lieu of the bond?
provided for by section 10 of the act, it was ordered by the court that the?
product might be released to said claimant upon payment of the costs of the?
proceedings.
C. W. PUGSLEY, Acting Secretary of Agriculture.