12197. Adulteration   and   misbranding   of   Butter.     V.   S.   v.   299   Tubs   of
Butter. Consent decree of condemnation and forfeiture. Prod- 
net released under bond to be reconditioned. (F. & E>. No. 18429. 
I. S. No. 13131-v.    S. No. E-4758.)
On March 1, 1924, the United States attorney for the Southern District of 
New York, 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 299 tubs of butter, remaining in the original 
unbroken packages at New York, N. Y., alleging that the article had been 
shipped by the Fulton Market Cold Storage, from Chicago, Ill., on or about 
August 31, 1923, and transported' from the State of Illinois into the State 
of New York, 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, excessive moisture, had been mixed and packed therewith so as 
to reduce or lower or injuriously affect its quality or' strength and had been 
substituted wholly or in parj; for the said article. Adulteration was alleged- 
for the further reason that a valuable constituent of the article, butterfat. 
had been wholly or in part abstracted.
Misbranding was alleged in .the libel for the reason that the article was 
offered for sale under the distinctive name of another article.
On March 29, 1924, Droste & Snyder, Inc., New York, N. Y., claimant, 
having admitted the allegations of the libel and having consented to the .entry 
of a decree, judgment of condemnation and forfeiture was entered, and it 
was ordered by the court that the product be .released to the said claimant 
upon payment of the costs of the proceedings and the execution of a bond 
in the sum of $6,000, 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.