17687. Adulteration and Misbranding of butter.    U. S. v. 5 Cases of Butter.
Default    decree    of    condemnation,    forfeiture,   and    destruction.
(F. & D. No. 24985.    I. S. No. 027443.    S. No. 3221.)
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 District of Massachusetts.
On June 23, 1930, the said United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 5 cases of butter, remaining in the original unbroken packages at 
Boston, Mass., consigned about June 11, 1930, alleging that the article had been 
shipped by the Gulf Boad Cooperative Creamery Co., East Randolph, Vt., and 
had been transported from the State of Vermont into the State of Massachu- 
setts, and charging adulteration and misbranding in violation of the food and 
drugs act. The article was labeled in part: (Carton) "Fancy Creamery But- 
ter   *    *    *   Packed for S. C. Pierce Co."
It was alleged in the libel that the article was adulterated in that a product 
containing less than 80 per cent by weight of milk fat had been substituted for 
butter which the said article purported to be, the act of Congress approved 
March 4, 1923, providing that butter contain not less than 80 per cent by weight 
of milk fat.
Misbranding was alleged for the reason that the article was labeled as butter, 
which was false and misleading, since it contained less than 80 per cent of 
milk fat.
On August 25, 1930, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.