14679. Adulteration and misbranding? of Butter. IT. S. v. 50 Cartons, et al., 
of Butter. Decrees of condemnation and forfeiture. Product re- 
leased under bond. (F. & J>. No. 21277, 21278. I. S. Nos. 2274-x, 2284-x. 
S. Nos. C-5209, C-5223.)
On August 10 and 16, 1926, respectively, the United States attorney for the 
Northern District of Ohio, acting upon reports by the Secretary of Agriculture, 
filed in the District Court of the United States for said district libels praying 
seizure and condemnation of 100 fiber-board cartons of butter, remaining in the 
original unbroken packages at Cleveland, Ohio, alleging that the article had 
been shipped by the Harrow-Taylor Butter Co., Kansas City, Mo., in part on 
or about July 26, 1926, and in part on or about August 5, 1926, and transported 
from the State of Missouri into the State of Ohio, and charging adulteration 
and misbranding in violation of the food and drugs act. The article was 
labeled in part: " Creamery Butter."
Adulteration of the article was alleged in the libels for the 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 than 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 label, 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. Misbranding was alleged for the 
further reason that the statement " Butter," borne on the label, was false and 
misleading, in that it represented that the article was butter, to wit, a product 
which should contain not less than 80 per cent by weight of milk fat as pre- 
scribed by law, whereas the said article contained less than 80 per cent by 
weight of milk fat.
On August 30, 1926, the Harrow-Taylor Butter Co., Kansas City, Mo., having 
appeared as claimant for the property and having admitted the allegations of 
the libels, judgments of condemnation and forfeiture were 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 bonds in the 
total sum of $.1,000, conditioned in part that it be reworked so that it would 
meet the requirements of the law defining and providing a standard for butter.
W. M. JAKDINB, Secretary of Agriculture.