23197. Adulteration   and misbranding of   butter.     U.   S.   v.   75   Tubs   of
Butter.    Product  released under bond.     ("P. & D. no. 33483.    Sample 
no.   4410-B.)
This case involved a shipment of butter, samples of which were found to con- 
tain less than 80 percent of milk fat. The containers were not marked with a 
statement of the quantity of the contents.
On August 24, 1934, the United States attorney for the Eastern District of 
Missouri, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 75 tubs of butter at St. 
Louis, Mo., alleging that the article had been shipped in interstate commerce,
on or about May 30, June 5, and June 29, 1934, by the Central Illinois Creamery 
Co., from Nokomis, Ill., and charging adulteration and misbranding in violation 
of the Food and Drugs Act as amended.
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 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 October 31,1934, the Central Illinois Creamery Co., Nokomis, Ill., claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree condemning and forfeiting the property, judgment was entered 
finding the product adulterated and misbranded and ordering that it be released 
under bond, conditioned that it should not be disposed of in violation of the 
Federal Food and Drugs Act and all other laws.
M. L. WILSON, Acting Secretary of Agriculture.