14819. Adulteration and misbranding of butter.    V. S. v. 8 Cases of Butter.
Default   decree   of   condemnation,   forfeiture,   and   destruction.
(F. & D. No. 17574.    I. S. No. 2233-v.    S. No. E-4417.)
On June 23, 1923, the United States attorney for the Western District of New 
York, 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 con- 
demnation of 8 cases of butter, remaining in the original unbroken packages 
at Buffalo, N. Y., alleging that the article had been shipped from Union City. 
Ind., June 7, 1923, and transported from the State of Indiana into the State 
of New York, and charging adulteration and misbranding in violation of the 
food and drugs act.   The article was labeled in part: " Pure Creamery Butter.'"
Adulteration of the article was alleged in substance in the libel for the rea- 
son that a substance deficient in milk fat and high in moisture had been mixed 
and packed with and substituted wholly or in part for the said article, for 
the further reason that excessive water had been mixed and packed with the 
article   so  as  to   reduce   and   lower   and  injuriously   affect   its   quality   and
4.1 TQR 0>7_       o
strength and had been substituted in part for the said article, and for the 
further reason that a valuable constituent, butterfat, had been abstracted.
Misbranding was alleged for the reason that the statement " Pure Creamery 
Butter," borne on the label, was false and misleading and deceived and misled 
the purchaser.
On September 22, 1923, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
W. M. JARDINE, Secretary of Agriculture.