17576. Adulteration and Misbranding of butter. TJ. S. v. 4 Tubs of Butter. 
Decree  of condemnation  entered.     Product  released under bond.
(P. & D. No. 24955.    I. S. No. 037670.    S. No. 3253.)   -
Samples of butter from the herein described interstate shipment having 
been found to contain less than the legal requirement of milk fat, namely, 
less than 80 per cent of milk fat, the Secretary of Agriculture reported the 
matter to the United States attorney for the Eastern District of Louisiana.
On or about July 1, 1930, the said United States attorney filed in the District 
Court of the United States for the district aforesaid a libel praying seizure 
and condemnation of 4 tubs of butter, remaining in the original unbroken pack- 
ages at New Orleans, La., alleging that the article had been shipped by the 
Armour Creameries (Inc.), Meridian, Miss., on or about June 12, 1930, and 
had been transported from the State of Mississippi into the State of Louisiana, 
and charging adulteration and misbranding in violation of the food and drugs 
act. The article was labeled in part: " Supreme Morris & Co. Creamery 
Butter."
It was alleged in the libel that the article was adulterated in that a prod- 
uct deficient in milk fat had been substituted for butter which the said 
article purported to be, and for the further reason that a product containing 
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 
prescribed by the act of 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 July 15, 1930, Armour & Co. (Ltd.), New Orleans, La., having appeared 
as claimant for the property, judgment of condemnation was entered, and it 
was ordered by the court that the product be released to the said claimant 
upon payment of costs and the execution of a bond in the sum of $200, 
conditioned in part that it be reworked under the supervision of this department.
ARTHUR M. HYDE, Secretary of Agriculture.