20601. Adulteration and Misbranding of butter.    U. S. v. 15 Gases of Butter.
Product  ordered released nnder  bond.     (F. & D. no.  29154.     Sample 
no. 14605-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 for butter prescribed by Congress.
On October 7, 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 praying 
seizure and condemnation of 15 cases of butter, remaining in the original 
unbroken packages at Los Angeles, Calif., consigned by the Western Creamery 
Jo., Salt Lake City, Utah, alleging that the article had been shipped in inter- 
state commerce on or about October 3, 1932, 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: (Case) "From 
Western Creamery Company, Salt Lake City, Utah, to South Gate Public 
Market, Los Angeles, Calif.";  (prints)  "Meadow Brook Butter."
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 was alleged for the reason that the statement, " Butter " on the 
label, was false and misleading, since the article contained less than 80 percent 
of milk fat.
On November 12, 1932, the Western Creamery Co., Salt Lake City, Utah, 
filed an answer admitting the allegations of the libel and praying release of 
the product to be reworked or sold to the baking or other manufacturing trade. 
On the same date the claimant having filed a good and sufficient bond condi- 
tioned that the butter would not be disposed of contrary to the Federal Food 
and Drugs Act, judgment was entered ordering the product released. On 
November 30. 1932, the terms of the bond having been complied with, an order 
was entered making the release permanent, and ordering that the bond be 
exonerated and that claimant pay costs of the proceedings.
R. G. TUG WELL, Acting Secretary of Agriculture.