15629. Adulteration and misbranding of butter. U. S. v. 9 Tubs, et al.,?
of Butter. Consent decrees of condemnation and forfeiture.?
Product released under band. (F. & D. Nos. 22511, 22512, 22602, 22603.?
I. S. Nos. 21884-x, 21887-x, 21906-x, 21909-x.    S. Nos. 535, 564, 568, 594.)
On February 6, 9, 14, and 17, 1928, respectively, the United States attorney?
for the Southern District of New York, acting upon reports by the Secretary
350	
FOOD AND  DB'CJGS  ACT	
[N.o.,F.D.
of Agriculture, filed in the District Court of the United States for said district?
libels praying seizure and condemnation of 45 tubs of butter, remaining in the?
original unbroken packages at New York, N. Y., alleging that the article had?
been shipped by the Portland Creamery Co., from Portland, N. Dak., in various?
consignments on or about January 28, February 1, February 4, and February 6,?
1928, respectively, and had been transported from the State of North Dakota?
into the State of New York, and charging adulteration and misbranding in?
violation of the food and drugs act as amended.
It was alleged in the libels that the article was adulterated, in that a sub??
stance deficient in butterfat had been mixed and packed therewith so as to?
reduce, lower, or injuriously affect its quality or strength and had been substi??
tuted wholly or in part for the said article.
Misbranding was alleged for the reason that the article was offered for sale?
under the distinctive name of another article. Misbranding was alleged with?
respect to a portion of the product for the further reason that it was food in?
package form and the quantity of the contents was not plainly and conspicu??
ously marked on the outside of the package.
On February 24, February 28, and February 29, 1928, respectively, the Port??
land Creamery Co., Portland, N. Dak., claimant, having admitted the allegations?
of the libels and having consented to the entry of decrees, judgments of con??
demnation 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 totaling $2,600, conditioned in part that?
it be reprocessed and reworked. The claimant agreed that the reconditioned?
product should contain at least 80 per cent of butterfat and that the packages?
be plainly and conspicuously marked to show the true quantity of the contents.
W. M. JAKDINH, Secretary of Agriculture.