12163. Adulteration and alleged misbranding: of butter. U. S. v. 48 Tubs 
of Butter. Consent decree of condemnation and forfeiture. 
Product   released   under   bond   to   be   reprocessed.      (F.   &   L>.   No.
1S409.    I. S. No. 17625-v.    S. No. C-4295.)
On February 23, 1924, the United States attorney for the Northern Dis- 
trict 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 praying 
the seizure and condemnation of 4? tubs of butter, remaining in the original 
unbroken packages at Chicago, Ill., alleging that the article had been shipped 
by Reed's Creamery Co., from Randolph, Nebr., February 6, 1924, and trans- 
ported from the State of Nebraska into the State of Illinois, and charging 
adulteration 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 with the said 
article so as to reduce and lower and injuriously affect its quality and 
strength, for the further reason that a substance deficient in milk fat and 
high in moisture had been substituted wholly or in part for the article, and 
for the further reason that a valuable constituent of the said article, to wit, 
butterfat, had been in part abstracted therefrom.
Misbranding was alleged for the reason that the statement, " Butter," ap- 
pearing on the labels, was false and misleading and deceived and misled the 
purchaser.
On February 26, 1924, the Reed's Creamery Co., Randoph, Nebi1., claimant, 
having admitted the material allegations of the libel and consented to the 
entry of a decree, judgment of the court was entered finding the product 
to be adulterated and ordering that it be released to the said claimant upon 
payment of the costs of the proceedings and- the execution of a bond in the 
sum of $1,000, in conformity with section 10 of the act, conditioned in part 
that it be reprocessed under the supervision of this department.
HOWARD M. GORE, Acting Secretary of Agriculture.