17138. Adulteration and Misbranding of butter.    U. S. v. Six 30-Pound Cases
of  Butter.    Default   decree  of  condemnation,  forfeiture,  and  de- 
struction.     (F. & D. No. 23948.    I. S. No. 07562.    S. No. 2104.)
On June 28, 1929, the United States attorney for the Northern District of 
Florida, 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 six 30-pound cases of butter, remaining in the original 
unbroken packages at Pensacola, Fla., alleging that the article had been 
shipped by the Cloverleaf Butter Co.. Birmingham, Ala., June 19, 1929, and 
transported from the State of Alabama into the State of Florida, and charg- 
ing adulteration and misbranding in violation of the food and drugs act as 
amended. The article was labeled in part: " Cloverleaf Brand Process Butter 
Pasteurized Manufactured by Cloverleaf Butter Co., * * * Birmingham, 
Alabama, One Pound."
Adulteration of the article was alleged in substance in the libel for the 
reason that the said article was deficient in milk fat, in that a product had 
been substituted for butter, and in that it contained less than 80 per cent by 
weight of milk fat.
Misbranding was alleged in substance for the reason that the packages 
containing the article were labeled " One Pound," whereas the said packages 
did not contain 1 full pound of butter.
On October 19, 1929, 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.