20011. Adulteration and Misbranding of butter.    U.S. -v. 35 Cubes, et al., 
of Butter.    Product released under bond for reworking'.     (F. & D.
Nos. 28473, 28475.    Sample Nos. 984-A, 989-A.)
These actions involved shipment of quantities of butter, samples of which 
were found to contain less than 80 percent by weight of milk fat, the standard 
prescribed by Congress.
On June 29 and July 2, 1932, the United States attorney for the Southern 
District of California, acting upon reports by the Secretary of Agriculture, 
filed in the District Court of the United States for the district aforesaid libels 
praying seizure and condemnation of 35 cubes and 10 cartons of butter, re- 
maining in the original unbroken packages at Los Angeles, Calif., alleging 
that the article had been shipped in interstate commerce in part on or about 
June 25, 1932, and in part on or about June 28, 1932, by the Valley Creamery, 
Ltd., from Milford, Utah, to Los Angeles, Calif., and charging adulteration 
and misbranding in violation of the Food and Drugs Act. A portion of the 
article was labeled in part: (Case) "Butter * * * Valley Creamery, Ltd., 
Milford, Utah." The remainder was labeled in part: (Carton) "Valley Maid 
Butter * * * Valley Dairy Company, Inc. * * * Los Angeles Valley 
Creamery, Ltd., Milford   *   *   *   Utah Distributors."
It was alleged in the libels that the article was adulterated in that a pro- 
duct containing less than 80 percent of milk fat had been substituted wholly 
or in part for butter.
Misbranding of the article was alleged for the reason that it was labeled 
in part, " Butter," which was false and misleading, since it contained less than 
80 percent of milk fat.
On July 13, 1932, the Lucerne Cream & Butter Co., Los Angeles, Calif., 
and the Valley Creamery, Ltd., Milford, Utah, claimants for respective 
portions of the article, having admitted the allegations of the libel and having 
filed cash release bonds totaling $400, decrees were entered ordering that the 
product be delivered to the claimants for reworking under the supervision of 
this Department. On July 28, 1932, the product having been reworked to bring 
it into conformity with the law, final decrees were entered ordering that the 
release be made permanent, that the bonds be exonerated, and that claimant 
pay costs of the proceeding.
R. G. TUGWELL, Acting Secretary of Agriculture.