12831. Adulteration and misbranding of butter.    IT. S. v. 20 Cases of Butter.
Decree of condemnation and forfeiture.    Product released under 
bond.    (F. & D. No. 18286.    I. S. No. 980-v.    S. No. E-4728.)
On February 4, 1924, 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 20 cases of butter, at Savannah, Ga., alleging that the article 
had been shipped by the Community Creamery Co., from Chester S. C, on or 
about January 25, 1924, and transported from the State of South Carolina 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: " Com- 
munity Creamery Co. * * * Extra Fancy Creamery Butter * * * One 
Pound Net."
Adulteration of the article was alleged in the libel for the reason that a sub- 
stance, to wit, a product deficient in milk fat, 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 
article purported to be. Adulteration was alleged for the further reason that 
a valuable constituent, to wit, butterfat, had been in whole or in part abstracted 
from the said article.
Misbranding was alleged for the reason that the statement in the labeling 
" One Pound Net" was false and misleading and deceived and misled the pur- 
chaser, and for the further reason that the article was food in package form 
and the quantity of the contents was not plainly and conspicuously marked on 
the outside of the package.
On February 7, 1924, the Community Creamery Co., Chester, S. C., having 
appeared as claimant for the property, judgment of condemnation was entered, 
and it was ordered by the court that the product be released to the said claim- 
ant to be reworked and relabeled upon payment of the costs of the proceedings 
and the execution of a good and sufficient bond, in conformity with section 10 
of the act.
W. M. JARDINE, Secretary of Agriculture.