25505. Adulteration and misbranding of butter.     TJ. S. v. 10 Cases and 10 Gases
of Butter.    Default decree of condemnation and destruction.    (F. & D.
no. 36769.    Sample no. 52001-B.)
This case involved butter that contained filth and was deficient in milk fat.
On October 29, 1935, the United States attorney for the Western District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 20 cases of butter 
at Pittsburgh, Pa., alleging that the article had been shipped in interstate 
commerce by the Warco Manufacturing Co., from Bucyrus, Ohio, on or about 
October 24, 1935, and charging adulteration and misbranding in violation of the 
Food and Drugs Act. The article was labeled, in part: "Warco Farm Brand 
Creamery Butter    *    *   *   Warco Farm Creamery, Bucyrus, Ohio."
The article was alleged to be adulterated in that it consisted in whole or in 
part of a filthy and decomposed animal substance. Adulteration was alleged for 
the further reason that a product containing less than 80 percent of milk fat 
had been substituted for butter.
The article was alleged to be misbranded in that the statement on the label, 
"Butter", was false and misleading, since It contained less than 80 percent of 
milk fat.
On November 20, 1935, no claimant having appeared, judgment of condemna- 
tion was entered and it was ordered that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.