20704. Adulteration   and  Misbranding of  butter.     U.   S.  v.   92  Cubes   of  But¬
ter.     Consent   decree   of   condemnation  and  forfeiture.     Product 
released under bond.    (F. & D. no. 29627.    Sample no. 25099-A.)
This case involved an interstate shipment 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 November 22, 1932, the United States attorney for the Northern District 
of California, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States a libel praying seizure and condemnation 
of 92 cubes of butter, remaining in the original unbroken packages at San 
Francisco, Calif., alleging that the article had been shipped in interstate com- 
merce on or about November 4, 1932, by Nelson-Ricks Creamery Co., from Salt 
Lake City, Utah, to San Francisco, Calif., and charging adulteration and mis- 
branding in violation of the Food and Drugs Act. The article was labeled in 
part, "Butter."
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 substituted for 
butter.
Misbranding was alleged for the reason that the statement " Butter ", borne 
on the label, was false and misleading and deceived and misled the purchaser, 
since the article contained less than 80 percent of milk fat.
On November 29, 1932, the Nelson Ricks Creamery Co., Salt Lake City, Utah, 
having appeared as claimant for the property 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 upon 
payment of costs and the execution of a bond in the sum of $2,000, conditioned 
that it should not be sold or otherwise disposed of contrary to the Federal Food 
and Drugs Act and all other laws.
R. G. TCTGWELL, Acting Secretary of Agriculture.