1461*   Adulteration  and misbranding of batter.     TJ. S. v. 22 Cases  of But- 
\    ter.     Decree  of  condemnation   and  forfeiture.     Product  released 
|   under bond.     (F. & D. No. 21085.    I. S. No. 7492-x.    S. No. E-5717.)
On OR about April 22, 1926, the United States attorney for the Southern 
District #f Floridjk, acting upon a report by the Secretary of Agriculture, filed 
in the District Ccmrt of the United States for said district a libel praying seiz- 
ure and Condemnation of 22 cases of butter, remaining in the original unbroken 
packages ?t Jacksonville, Fla., alleging that the article had been shipped by the 
Valdosta Creamiery, from Valdosta, Ga., on or about April 16, 1926, and trans- 
ported from th? State of Georgia into the State of Florida, and charging adul- 
teration and misbranding in violation of the food and drugs act. The article 
was labeled in \part: " Sweet Clover Creamery Butter One Pound."
Adulteration \ of the article was alleged in the libel for the reason that a 
product deficient in milk fat and containing an excessive amount of moisture 
had been substituted for butter, which the said article purported to be, and 
for the further reason that a product which contained less than 80 per cent 
by weight of milk fat had been substituted for butter, a product which should 
contain not less thata 80 per cent by weight of milk fat as prescribed by the 
act of March 4, 1923;
Misbranding was alleged for the reason that the statement " Butter," borne 
on the packages containing the article, was false and misleading, in that the said 
statement represented that the article consisted wholly of butter, and for the 
further reason that it was labeled as aforesaid so as to deceive and mislead the 
purchaser into the belief that, it consisted wholly of butter, whereas it did not 
so consist but did consist of a product deficient in milk fat and containing 
excessive moisture. Misbranding was alleged for the further reason that the 
statement " Butter," borne on jthe label, was false and misleading, in that it 
represented that the article wa$ butter, to wit, a product which should contain 
not less than 80 per cent by weight of milk fat as prescribed by law, whereas it 
was a product which containedless than 80 per cent by weight of milk fat.
On April 27, 1926, T. J. Fenn, Valdosta, Ga., having appeared as claimant 
for the property and having admitted the allegations of the libel, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be released to the said claimant upon the execution of a bond 
in the sum of $511.70, conditioned in part that it be reworked so that it would 
contain all necessary ingredients.
W. M. JAKDINE, Secretary of Agriculture.