20829. Adulteration and Misbranding of butter.   U. S. v. 35 Boxes of But- .-
ter.   -Decree  of condemnation  and  forfeiture.    Product  released > 
under bond.     (F. & D. no. 30409.    Sample no. 34523.)
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 established by Congress.
On April 17,1933, the United States attorney for the District of Massachusetts, 
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 35 
boxes of butter at Springfield, Mass., consigned April 5, 1933, alleging that the 
article had been shipped in interstate commerce by the North American Cream- 
eries, Inc., from Paynesville, Minn., to Springfield, Mass., and charging adultera- 
tion and misbranding in violation of the Food and Drugs Act
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, which the article purported to be.
Misbranding was alleged for the reason that the article was labeled butter, 
which was false and misleading, since it contained less than 80 percent of 
milk fat.
On April 27, 1933, the North American Creameries Co., Boston, Mass., having 
appeared as claimant for the property and having admitted the allegations of 
the libel, judgment of condemnation and forfeiture was entered, and it was 
ordered by the court that the product be released to the claimant upon pay- 
ment of costs and the execution of a bond in the sum of $400, conditioned in 
part that it be reworked so that it contain at least 80 percent of butterfat.
R. G. TtTGWEXL, Acting Secretary of Agriculture.