12787. Adulteration and misbranding of butter. V. S. v. 8 Tubs of Butter. Consent decree of condemnation and forfeiture. Product re- leased under bond to be reprocessed. (F. & D. No. 19076. I. S. No. 13171-v. S. No. B-4976.) On October 8, 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 libei praying the seizure and condemnation of eight tubs of butter, remaining in the original unbroken packages at New York, N. Y., alleging that the article had been shipped by the Oorry Creamery Co., from Corry, Pa., on or about September 27, 1924, and transported from the State of Pennsylvania 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 sub- stance deficient in butterfat and containing excessive moisture had been mixed and packed therewith so as to reduce, lower, and injuriously affect its quality or strength and had been substituted in whole or in part for the said article. Adulteration was alleged for the further reason that a valuable constituent of the article, butterfat, had been in whole or in part abstracted. Misbranding was alleged for the reason that the article was offered for sale under the distinctive name of another article. On October 21, 1924, the Phenix Cheese Co., New York, N. Y., claimant, hav- ing 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 $364, in conformity with section 10 of the act, conditioned in part that it be reprocessed under the supervision of this department, so that it should contain at least 80 per cent of butterfat. HOWARD M. GORE, Secretary of Agriculture.