17699. Adulteration and Misbranding of butter.     U. S. v. 7 Tubs of Butter.
Default   decree   of   condemnation,   forfeiture,   and    destruction.
(F. & D. No. 25047.    I. S. No. 6303.    S. No. 3287.)
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 16, 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 7 tubs of butter, remaining in the original unbroken packages 
at New Orleans, La., alleging that the article had been shipped by the Morning 
Glory Creameries, Houston, Tex., on or about July 9, 1930, and had been trans- 
ported from the State of Texas into the State of Louisiana, and charging 
adulteration and misbranding in violation of the food and drugs act.
It was alleged in the libel that the article was adulterated in that a substance 
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 pre- 
scribed by the act of March 4, 1923, which the said 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 September 17, 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.
ARTHUR M. HYDE, Secretary of Agriculture.