13782. Adulteration and misbranding? of butter.     U. S. v. 11 Tubs of Butter.
Consent decree of condemnation and forfeiture. Product re- 
leased under bond. (F. & D. No. 20236. I. S. No. 24184-v. S. No. 
E-5411.)
On or about July 3, 1925, the United States attorney for the District of 
Maryland, 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 11 tubs of butter, consigned June 15, 1925, remain- 
ing in the original unbroken packages at Baltimore, Md., alleging that the 
article had been shipped by the Fox River Butter Co., from Philadelphia, 
Pa., and transported from the State of Pennsylvania into the State of Mary- 
land, and charging adulteration and misbranding in violation of the food and 
drugs act. The article was labeled in part: " Fox River Butter Co. * *. * 
Phila. Pa.," and was invoiced "Butter."
Adulteration of the article was alleged in the libel for the reason that a 
substance low in butterfat had been mixed and packed therewith so as to 
reduce, lower, and injuriously affect its quality and strength and had been 
substituted wholly or in part.for butter, a product which should contain not 
less than 80 per cent by weight of milk fat, as prescribed by law.
Misbranding was alleged for the reason that the article was offered for 
sale under the distinctive name of another article, and in that the statement 
"Butter" was false and misleading and deceived and misled the purchaser.
On or about August 4, 1925, the Fox River Butter Co., Inc., Philadelphia, 
Pa., claimant, having admitted the allegations of the libel and having con- 
sented 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 $660, in conformity with section 10 of the act, 
conditioned in part that it not be sold or disposed of until reworked to contain 
80 per cent of butterfat.
C. F. MARVIN, Acting Secretary of Agriculture.