21621. Adulteration and misbranding of butter.    U. S. v. 5 Tubs of Butter.
Default decree of condemnation, forfeiture, and destruction.     (F.
& D. no. 31302.    Sample no. 40396-A.)
This case involved a 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. Examination also showed that the quantity of the 
contents was not declared on the label.
On September 28. 1933, the United States attorney for the Northern District 
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 5 tubs of butter 
at Chicago, Ill., alleging that the article had been shipped in interstate com- 
merce on or about September 19, 1933, by Preston Produce Co., from Preston, 
Minn., and charging adulteration and misbranding in violation of the Food 
and Drugs Act as amended.
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, a product which should contain not less than 80 percent by weight of 
milk fat as provided by the act of March 4, 1923.
Misbranding was alleged for the reason that the article was food in package 
form and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package.
On November 13, 1933, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
M. L. WILSON, Acting Secretary of Agriculture.