11867.  Adulteration   and   misbranding   of   butter.     TJ.    S.   v.   14   Boxes   of 
Butter.     Decree ordering: release of product under bond.     (F. & D.
No. 17440.    I. S. No. 1833-v.    S. No. E-4347.)
On March 30, 1923, the United States attorney for the District of New Hamp- 
shire, acting upon a report by the Secretary of Agriculture, filed in the District 
Court of the United States for said district a libel praying the seizure and 
condemnation of 14 boxes of butter at Concord, N. H., alleging that the article 
had been shipped by M. F. Donahue, from Essex Junction, Vt, on or about 
March 22, 1923, and transported from the State of Vermont into the State of 
New Hampshire, 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 
product deficient in milk fat and high in moisture had been mixed and packed 
therewith so as to reduce and lower and injuriously affect its quality and 
strength and had been substituted in whole or in part for butter, which the said 
article purported to be. Adulteration was alleged for the further reason that 
a valuable constituent, to wit, butterfat, had been wholly or in part abstracted 
from the said article.
Misbranding was alleged for the reason that the article was an imitation of 
and was offered for sale under the distinctive name of another article. Mis- 
branding was alleged for the further reason that the package or label bore a 
statement regarding the article and the ingredients and substances contained 
therein, to wit, " Butter," which was false and misleading and deceived and m is- 
led the purchaser.
On July 24, 1923, Michael F. Donahue, Essex Junction, Vt., having appeared 
as claimant for the property and having executed a bond in the sum of $500, in 
conformity with section 10 of the act, judgment of the court was entered order- 
ing that the product be released to the said claimant, upon payment of the costs 
?>f the proceedings, and that the said product be made to comply with the law.
HOWARD M. GORE, Acting Secretary of Agriculture.