16509. Misbranding' and alleged Adulteration of butter. TJ. S. v. 50 Cases 
of Buttei-. Consent decree of condemnation and forfeiture. 
Product released under bond. (F. & D. No. 23612. I. S. No. 02785. 
S. No. 1814.)
On March 18, 1929, 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 
condemnation of 50 cases of butter, remaining in the original unbroken packages 
at Buffalo, N. Y., alleging that the article had been shipped by the H. C. 
Christians Co., Chicago, Ill., March 4, 1929, and transported from the State of 
Illinois into the State of New York, and charging adulteration and misbranding 
in violation of the food and drugs act.
It was alleged in the libel that the article was adulterated in that a product 
deficient in butterfat and containing excessive moisture had been mixed and 
packed with and substituted wholly or in part for the said article, and for the 
further reason that a valuable constituent of the article, butterfat, had been 
wholly or in part abstracted.
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 for the 
further reason that the following statements regarding the article or the in- 
gredients or substances contained therein were false and misleading and de- 
ceived and misled the purchaser: (Retail package) "I. V. Butter * * * 
Churned from Pure Sweet Cream, One Pound Net, Certification of Quality and 
Purity. We certify that I. V. Butter is made from fresh, pure, pasteurized 
Sweet Cream. Every churning is inspected by an Official Government Inspector, 
and is guaranteed to be absolutely pure and of the finest quality of butter 
obtainable. I. V. Horn Co., Buffalo, N. Y. Distributors;" (paper wrapper) 
" One Pound Net; " (wholesale package) " I. V. H.-1 Lb.-H. C. C. Co.-493- 
Swt et Cream--I. V. Horn Co.-30-1 Lb. Packages Butter."
The I. V. Horn Co., Buffalo, N. Y., appeared as claimant for the property and 
filed an answer consenting that the butter be condemned as adulterated and 
misbranded. On March 20, 1929, a decree was entered adjudging the product 
misbranded and ordering its condemnation, and it was further ordered by the 
court that the said product be released to the claimant upon payment of costs 
and the execution of a bond in the sum of $500, conditioned in part that it be 
reworked, reconditioned, repacked, and relabeled under the supervision of this 
department.