17280. Adulteration and Misbranding of gutter.    TJ. S. v. 4 Boxes, et al., of
Butter. Default decrees of condemnation and forfeiture. Prod- 
uct delivered to charitable Institutions. (F. & D. Nos. 24821, 24822, 
24845.    I. S. Nos. 027663, 027765, 028001.    S. Nos. 3050, 3064, 3081.)      .
On March 31, April 7, and April 15, 1930, respectively, the United States 
attorney for the Southern District of New York, acting upon reports by the 
Secretary of Agriculture, filed in the District Court of the United States for 
said district libels praying seizure and condemnation of 8 boxes and 5 cases 
of butter, remaining in the original unbroken packages at New York, N. Y., 
alleging that the article had been shipped by Paul A. Schulze & Co., St. Louis, 
Mo., in various consignments, on or about March 17, March 24, and April 2, 
1930, respectively, and had been transported from the State of Missouri into 
the State of New York, and charging adulteration and misbranding with respect 
to a portion thereof, and misbranding with respect to the remainder in viola- 
tion of the food and drugs act as amended. The article was labeled in part: 
(Retail package) "Blue Ribbon Creamery Butter * * * David W. Lewis 
& Company New York   *   *   *   One Pound Net."
Adulteration was alleged in the libel filed with respect to 5 cases of the 
product for tlje reason that a substance deficient in butterfat had been mixed 
and packed with it so as to reduce or lower or injuriously affect its quality 
of strength, and had been substituted wholly or in part for the said article.
Misbranding was alleged with respect to the product in the said 5 cases for 
the reason that it was offered for sale under the distinctive name of another 
article-    Misbranding was alleged with respect to the remaining 8 boxes of the
product for the reason that it was labeled or branded so as to deceive or 
mislead.the purchaser by the following false or misleading statements: "One 
Pound Net David W. Lewis & Company, New York;" and for the further rea- 
son that the quantity of contents was not plainly and conspicuously marked 
on the outside of the package, since the statement made was not correct.
On May 15, 1930, no claimant having appeared for the property, judgments 
of condemnation and forfeiture were entered, and it was ordered by the court 
that the product be delivered to charitable institutions.
ABTHUE M. HYDE, Secretary of Agriculture.