13755. Adulteration and misbranding: of Butter.    U.  S. v.  10 Tubs and 27
Tabs of Butter. Consent decrees of condemnation and forfeiture. 
Product released under bond. (F. & D. Nos. 20308, 20309. I. S. Nos. 
6805-x, 6887-x.    S. Nos. E-5437, E-5438.)
On July 20, 1925, the United States attorney for the Southern District of New 
York, acting upon reports by the Secretary of Agriculture, filed in the District 
Court of the United States for said district libels praying the seizure and con- 
demnation of 37 tubs of butter, remaining in the original unbroken packages 
at New York, N. Y., alleging that the article had been shipped by the Whelan 
Produce Co., Elma, Iowa, on or about July 9, 1925, and transported from the 
State of Iowa into the State of New York, and charging adulteration and mis- 
branding in violation of the food and drugs act.
Adulteration of the article was alleged in the libels for the reason that a 
substance deficient in butterfat and containing excessive moisture had been 
mixed and packed therewith so as to reduce, lower, or injuriously affect its 
quality or strength and had been substituted in whole or in part for the said 
article.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article.
On August 11, 1925, the Elma Cooperative Creamery Co., Elma, Iowa, and 
Jacob Narzisenfeld, New York, N. Y., having appeared as claimants for re- 
spective portions of the product and having admitted the allegations of the 
libels and consented to the entry of decrees, judgments of condemnation and 
forfeiture were entered, and it was ordered by the court that the product be 
released to the said claimants upon payment of the costs of the proceedings 
and the execution of bonds in the aggregate sum of $1,200, in conformity with 
section 10 of the act, conditioned in part that it be reworked so as to contain at 
least 80 per cent of butterfat.
C. F. MARVIN, Acting Secretary of Agriculture.