22937. Adulteration and misbranding of butter.   TJ. S. -v. 2 Cases of Batter.
Consent decree of condemnation and forfeiture. Product re- 
leased under bond to be reworked. (F. & D. no. 32924. Sample no. 
73393-A.)
This case involved butter that contained less than 80 percent of milk fat
On June 21, 1934, the United States attorney for the Western District of 
Washington, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of two cases of butter 
which had been delivered to the transportation company at Seattle, Wash., 
on or about June 15, 1934, by the National Grocery Co., Seattle Wash., for 
shipment in interstate commerce to Alaska, and alleging that the article was 
adulterated and misbranded in violation of the Food and Drugs Act. The 
article was labeled in part: " Blue Ribbon Brand Butter Distributed by Wash- 
ington Creamery Co., Seattle, Washington."
The article was alleged to be 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 of milk fat as provided by the 
act of Congress of March 4, 1923.
Misbranding was alleged for the reason that the statement " Butter " on the 
label, was false and misleading.
On June 28, 1934, the Washington Creamery Co., claimant having admitted 
the allegations of the libel and having consented to the entry of a decree, judg- 
ment of condemnation and forfeiture was entered, and it was ordered that the 
product be released to the claimant upon .payment of costs, and the execution 
of a bond in the sum of $50, conditioned that it be reworked under the 
supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.