11452.?Adulteration   and   misbranding   of   butter.    lr.   S.   v.   15   Cases   of
Butter. Decree of condemnation entered. Product released?
under bond to be reworked and relabeled. (F. & D. No. 16332.?
I. S. No. 8185-t.    S. No. E-3873.)
On May 22, 1922, the United States attorney for the Southern District of?
Georgia, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district a libel praying the seizure?
and condemnation of 15 cases of butter, remaining unsold in the original un??
broken packages at Savannah, Ga., alleging that the article had been shipped
245
246	
BUKBAU  OF  CHEMISTRY.	
[Supplement 160,
by the Cumberland Valley Creamery, Inc., Nashville, Term., May 9, 1922, and?
transported from the State of Tennessee into the State of Georgia, and charging?
adulteration and misbranding in violation of the Food and Drugs Act, as?
amended. The article was labeled in part: " One Pound Net Sunlight Creamery?
Butter    Sunlight Creameries Washington, C. H. Ohio."
Adulteration of the article was alleged in the libel for the reason that ex??
cessive water had been mixed and packed with and substituted in part for the?
said article.
Misbranding of the article was alleged for the reason that the statement on?
the label of the cartons containing the article, " One Pound Net Sunlight?
Creamery Butter," was false and misleading since the article was not pure?
butter and the package did not contain 1 pound net, but did contain less than?
that amount. Misbranding was alleged for the further reason that the article?
was an imitation of and offered for sale under the distinctive name of another?
article, to wit, butter, and for the further reason that it was food in package?
form, and the quantity of the contents was not plainly and conspicuously?
marked on the outside of the package since the statement made was ^iot correct.
On July 20, 1922, the Cudahy Packing Co., Inc., having appeared as claimant?
for the property and having admitted the allegations in the libel, judgment of?
condemnation was entered, and it was ordered by the court that the product?
be released to the said claimant upon the execution of a bond in the sum of?
$60, in conformity with section 10 of the act, conditioned in part that it be re-?
shipped to the Cumberland Valley Creamery, Inc., Nashville, Tenn., to be re??
worked and relabeled under the supervision of this department, and that the?
claimant pay the costs of the proceedings.
HOWARD M. GORE, Acting Secretary of Agriculture.