15937. Adulteration and misbranding- of butter.    TJ. S. y. 7 Tubs of Butter.
Decree  of condemnation  and forfeiture.     Product released under 
bond.    (F. & D. No. 22869.    I. S. No. 20166-x.    S. No. 898.)
On June 20, 1928, the United States attorney for the Eastern District of 
Pennsylvania, 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 7 tubs of buttei", remaining in the original unbroken packages 
at Philadelphia, Pa., consigned by the Chesapeake Dairy Products Co., Mathews, 
Va., alleging that the article had been shipped from Mathews, Va., on or about 
June 18, 1928, and transported from the State of Virginia into the State of 
Pennsylvania, and charging adulteration and misbranding in violation of the 
food and drugs act as amended.
It was alleged in the libel that the article was adulterated in that a sub- 
stance Containing less than 80 per cent of butterfat had been substituted wholly 
or in part for the said article and had been mixed and packed therewith so as 
to reduce, lower, or injuriously affect its quality or strength.
Misbranding was alleged for the reason that the article was an imitation of 
or offered for sale under the distinctive name of another article, and in that 
the quantity of the contents was not plainly and conspicuously stated on the 
outside of the package.
On June 28, 1928, C. M. Drake, Philadelphia, Pa., having appeared as claim- 
ant for the property, judgment of condemnation and forfeiture was 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 a bond in the 
sum of $300, conditioned in part that it should not be sold or otherwise disposed 
of contrary to law, and be reconditioned under the supervision of this de- 
partment.
ARTHUR M. HYDE, Secretary of Agriculture.