20187. Adulteration and Misbranding of butter. U.S. v. 90 Cases of Butter. 
Consent decree of condemnation and forfeiture. Product re- 
leased under bond to be re-worked. (F. & D. no. 29061. Sample no. 
16685-A.)
This action involved the interstate shipment of a quantity of butter, samples 
of which were found to contain less than 80 percent by weight of milk fat, the 
standard prescribed by Congress.
On September 23,1932, the United States attorney for the Southern District 
of Florida, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 90 cases of butter, remaining in the original 
unbroken packages at Jacksonville, Fla., alleging that the article had been 
shipped in interstate commerce on or about September 12, 1932, by Jefferson 
Creamery, from Ashburn, Ga., to Jacksonville, Fla., and charging adulteration 
and misbranding in violation of the Food and Drugs Act. The article was 
labeled in part: "Land O'Sunshine Butter, * * * Jefferson Creamery, 
Ashburn, Georgia."
It was alleged in the libel that the article was adulterated in that a product 
containing less than 80 percent by weight of milk fat had been mixed and 
packed therewith so as to reduce, lower, or injuriously affect its quality or 
strength, and had been substituted wholly or in part for butter, a product 
which should contain not less than 80 percent by weight of milk fat as required 
by act of March 4, 1923.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article. Misbranding was alleged for 
the further reason that the statement "Butter", appearing on the label, was 
false and misleading and deceived and misled the purchaser, since the product 
contained less than 80 percent by weight of milk fat.
On September 29, 1932, the Jefferson Creamery, Ashburn, Ga., claimant, 
having admitted the allegations of the libel and having consented to the entry
of a decree, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the said claimant for 
reworking under the supervision of this Department, upon payment of costs 
and the execution of a bond in the sum of $500, conditioned that the milk fat 
content be brought up to at least 80 percent, and that it should not be sold or 
disposed of contrary to the provisions of the Food and Drugs Act or the laws 
of any State.
R. G. TUGWBLL, Acting Secretary of Agriculture.