21044. Adulteration and Misbranding of butter.    V. S. v. 208 Cases of But¬
ter.   Decree   of   condemnation.      Product   released   under   bond.
(F. & D. no. 30397.    Sample nos. 29629-A, 29630-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 April 12, 1933, 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 a libel praying seizure and condemnation of 
208 cases of butter at Los Angeles, Calif., consigned by the Beatrice Creamery 
Co., Denver, Colo., alleging that the article had been shipped in interstate 
commerce, on or about March 29, 1933, from Denver, Colo., to Los Angeles, 
Calif., and charging adulteration and misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: " Meadow Gold Butter * * * 
Beatrice Creamery Company."
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 article was labeled butter, 
which was false and misleading, since it contained less than 80 percent of 
milk fat.
On April 13, 1933, E. L. Thomson Co., Inc., filed a claim and answer as agent 
for the Beatrice Creamery Co., admitted the allegations of the libel, and filed a 
good and sufficient bond, conditioned that the product would not be disposed of 
in violation of the Federal Food and Drugs Act. On the same date judgment 
of condemnation was entered and it was ordered by the court that the product 
be released under the conditions of the said bond. On April 28, 1933, the prod- 
uct having been reworked and found in compliance with the law, the order of 
release was made permanent and the bond was ordered exonerated upon 
payment of costs of the proceedings.
M. L. WILSON, Acting Secretary of Agriculture.