16770. Adulteration and alleged Misbranding of butter, U. S. v. 18 Tubs 
of Butter. Consent decree of condemnation and forfeiture. 
Product released under bond. (F. & D No. 24132. I. S. No. 020599. 
S. No. 2334.)
On September 9. 1929. the United Staler attorney for the Northern District 
of Illinois, acting upon a report bj the Secretary of Agriculture, filed in the 
District Court of the United States for .said district a libel praying seizure 
and condemnation of 12 tubs of butter, remaining in the original unbroken 
packages at Chicago, III., alleging that the article had been shipped by the 
Unity Creamery Co.. from Strum. Wis.. August 26, 1929. and transported from 
the State of Wisconsin into the State of Illinois, and charging adulteration and 
misbranding in violation of the food and drugs act.
It was alleged in the libel that the article wa^ adulterated in that excessive 
water had been mixed and packed therewith so as to reduce and lower and 
injuriously affect its quality and strength, in that a substance deficient in milk 
tat and high in moisture had been substituted wholly or in part for the said 
article, in that a valuable constituent, butterfat. had been in part abstracted 
from the article, and in that it contained less than 80 per cent of butterfat.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article.
On September 20, 1929, the Great Atlantic & Pacific Tea Co. Chicago, III., 
claimant, having admitted the allegations of the libel and having consented to 
Mfle entry of a decree, judgment was entered finding the product adulterated 
and ordering its condemnation and forfeiture, and it was further ordered by 
the court that the product be released to the said claimant upon paj ment of costs 
and the execution of a bond in the sum of $1000. conditioned in part that it be 
reprocessed, under the supervision of thi*. department, so that it contain not 
ftes?5 than 80 per cent of butterfat.
AETHCK M. H\OE, Sccetary of Ayti^ultuie.