13695. Adulteration and misbranding of butter.    V. S. v. 29 Cases of But 
ter. Consent decree of condemnation and forfeiture. Product 
released under bond. (F. & D. No. 20271. I. S. No. 6403-x. S. No. 
E-5376.)
On July 9, 1925, the United States attorney for the Northern District of 
Georgia, 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 29 cases of butter, remaining in the original unbroken 
packages at Atlanta, Ga., alleging that the article had been shipped by the 
Kosciusko Creamery, from Kosciusko, Miss., on or about June 25, 1925, and 
transported from the State of Mississippi into the State of Georgia, and charg- 
ing adulteration and misbranding in violation of the food and drugs act. The 
article was labeled in part: " Butter Net Weight One Pound."
Adulteration of the article was alleged in the libel for the reason that a 
product other than butter and deficient in milk fat had been substituted in 
part for butter, and for the further reason that it contained less than 80 per 
cent by weight of milk fat.
Misbranding was alleged in substance for the reason that the statement 
" Butter," borne on the labels, was false and misleading and deceived and 
misled the purchaser into the belief that each of the packages contained 1 
pound of butter, whereas the said article was deficient in milk fat and the 
said packages being so deficient in milk fat did not contain one pound of 
butter.
On July 11, 1925, F. M. Warfel, claimant, having admitted the allegations of 
the libel and having consented to the entry of a decree, judgment of condemna- 
tion 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 pro- 
ceedings and the execution of a bond in the sum of $400, in conformity with 
section 10 of the act, conditioned in part that it be reworked so as to contain 
not less than 80 per cent of milk fat.
R. W. DUNLAP, Acting Secretary of Agriculture.