14763. Adulteration and misbranding of butter. U. S. "v. 42 Gases of But- 
ter. Product released under bond. (F. & D. No. 21189. I. S. No. 
7540-x.    S. No. E-5777.)
On or about July 3, 1926, the United States attorney for the Southern 
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 
seizure and condemnation of 42 cases of butter, remaining in the original 
unbroken packages at Savannah, Ga., alleging that the article had been shipped 
by the Carthage Creamery Co., Carthage, Mo., June 12, 1926, and transported 
from the State of Missouri into the State of Georgia, and charging adultera- 
tion and misbranding in violation of the food and drugs act. The article was 
labeled in part: " Lake View Creamery Butter."
Adulteration of the article was alleged in the libel for the reason that a 
product deficient in milk fat had been substituted for butter, which the said 
article purported to be, and for the further reason that a product which con- 
tained 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, which the article purported 
to be.
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. Mis- 
branding was alleged for the further reason that the statement " Butter," 
borne on the label, was false and misleading, in that the said statement 
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 prescribed by law, whereas 
it was a product which contained less than 80 per cent by weight of milk fat.
On September 28, 1926, Wilson & Co. having appeared as claimant for the 
property and the product having been released to the said claimant upon 
payment of the costs of the proceedings and the execution of a bond in the 
sum of $1,000, conditioned that it comply with the law, and the court having 
found that the said product had been made to comply with the provisions of 
the Federal food and drugs act in reference to butter, an order was entered 
by the court dismissing the libel and exonerating the bond.
W. M. JARDINE, Secretary of Agriculture.