17107. Adulteration and Misbranding of butter.    U. S. v. 1 Barrel of But 
ter.    Default   decree   of   condemnation,  forfeiture,  and   destruc- 
tion.     (F. & D. No. 24561.    I. S. No. 025366.    S. No. 2652.)
On or about December 12, 1929, the United States attorney for the Eastern 
District of Louisiana, acting upon a report by the Secretary of Agriculture, 
filed in the District Court of the United States for said district a libel pray- 
ing seizure and condemnation of 1 barrel containing one hundred 1-pound 
packages of butter, remaining in the original unbroken packages at New Or- 
leans, La., alleging that the article had been shipped by W. H. Brittain, Roan- 
oke, Ala., on or about December 4, 1929, and transported from the State of 
Alabama into the State of Louisiana, and charging adulteration and mis- 
branding in violafon of the food and drugs act. The article was labeled in 
part: "From W. H. Brittain   *   *    *   Roanoke, Ala."
It was alleged in the libel that the article was adulterated in that a product 
deficient in milk fat had been substituted for butter, which the article pur- 
ported to be, and for the further reason that a product contain ng less than 
80 per cent by weight of milk fat had been substituted for butter, a product 
which should contain not less than 80 per cent by weight of milk fat as pre- 
scribed by the act of May (March) 4, 1923, which the article purported to be.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article.
On January 13, 1930, 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.
ABTHTJB M. HYDE, Secretary of Agriculture.