20348. Adulteration and Misbranding of butter. U.S. v. 40 Cases of Butter. 
Product released under bond for reworking. (F. & D. no. 28968. 
Sample no. 17227-A.)
This action was based on the interstate shipment of a quantity of butter, 
samples of which were found to contain less than 80 percent of milk fat, the 
standard prescribed by Congress.
On September 6, 1932, the United States attorney for the Southern District 
of California, acting upon a report by the Secretary of Agriculture, filed in 
the District Court of the United States for the district aforesaid a libel pray- 
ing seizure and condemnation of 40 cases of butter, remaining in the original 
unbroken packages at Los Angeles, Calif., alleging that the article had been 
shipped in interstate commerce on or about August 29, 1932, by Western Cream- 
ery Co., from Salt Lake City, Utah, to Los Angeles, Calif., and charging 
adulteration and misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: (Carton) "Meadow Brook Butter Pure Fresh 
Sanitary One Pound Net Weight Packed Especially for South Gate Public 
Market   *    *    *    South Gate   *   *    *   California."
It was alleged in the libel that the article was adulterated in that a product 
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 the statement 
"Butter" was false and misleading, since it contained less than 80 percent 
of milk fat.
On September 30, 1932, the Western Creamery Co., Salt Lake City, Utah, 
claimant, having theretofore admitted the allegations of the libel and having 
filed a release bond in the sum of $300, a decree was entered ordering that 
the product be delivered to the claimant for reworking under the supervi- 
sion of this Department. On November 22, 1932, the product having been 
reworked, a final decree was entered ordering that the release be permanent, 
that the bond be exonerated, and that claimant pay costs of the proceeding.
R. G. TUGWELL, Acting Secretary of Agriculture.