18791. Adulteration and Misbranding of butter.    IT. S. v. 25 Cases of Sun 
light Creamery Butter. Decree of condemnation and forfeiture. 
Product released under bond.     (F. & D.  No. 26369.    I.  S. No.  14477.
S. No. 3988.)
Samples of butter from the shipment herein described having been found to 
contain less than 80 per cent of milk fat, the standard provided by Congress, 
the Secretary of Agriculture reported the matter to the United States attorney 
for the Southern District of Georgia.
On January 10, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and 
condemnation of 25 cases of butter, remaining in the original unbroken pack- 
ages at Savannah, Ga., alleging that the article had been shipped by the Sun- 
light Creameries from Washington Court House, Ohio, on or about December 
24, 1930, and had been transported from the State of Ohio into the State of 
Georgia, and charging adulteration and misbranding in violation of the food 
and drugs act. The article was labeled in part: (Carton) " Sunlight Creamery 
Butter   *    *    *   The Cudahy Packing Co."
It was alleged in the libel that the article was adulterated in that a product 
containing less than 80 per cent of milk fat had been mixed and packed with it 
so as to reduce, lower, and injuriously affect its quality; and for the further 
reason that a product containing less than 80 per cent by weight of milk fat 
had been substituted wholly or in part for butter, a product which should con- 
tain not less than 80 per cent of milk fat as provided by the act of Congress.
Misbranding was alleged for the reason that the product was offered for sale 
under the distinctive name of another article, to wit, butter; and for the further 
Teason that the statement " Butter," borne on the label, was false and mislead- 
ing and deceived and mislead the purchaser, in that the said statement repre- 
sented that the article consisted wholly of butter, a product which should 
contain not less than 80 per cent by weight of milk fat as prescribed by law, 
whereas it did not, but did consist of a product containing less than 80 per cent 
by weight of milk fat.
On February 14, 1931, the Cudahy Packing Co., Savannah, Ga., having 
appeared as claimant for the property and  having admitted the allegations of 
the libel, judgment of condemnation and forfeiture 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 good and sufficient bond, conditioned 
in part that it be reworked so that it comply in all respects with the Federal 
food and drugs act, both as to quality and labels.
ABTHTJB M. HYDB, Secretary of Agriculture.