26078. Misbranding of butter.     U.   S.   v.  40  Cases  of Butter,  and  other  cases.
Consent decrees of condemnation. Product released under bond for 
reconditioning. (F. & D. nos. 87672, 87674, 87675, 37676. Sample nos. 
46707-B, 4672£-B, 46730-B, 46732-B, 46740-B.)
These cases Involved interstate shipments of butter that contained less than 
80 percent of milk fat.
The United States attorney for the District of Hawaii, acting upon reports 
by the Secretary of Agriculture, filed on January 23, January 29, and Febru- 
ary 6, 1936, libels praying seizure and condemnation of 105 cases of butter at 
Honolulu, Hawaii, alleging that the article had been shipped in interstate com- 
merce on or about January 14, 21, and 28, 1936, by American Factors, Ltd., 
from San Francisco, Calif., and that it was misbranded in violation of the Food 
and Drugs Act as amended. The article, contained in 1-pound cartons each 
containing four 4-ounce wrapped prints, was labeled in part: (Cartons) "The 
Genuine Modesto Butter Churned Daily at Modesto, California Net Weight 
One Pound" (print wrappers) "Modesto Pasteurized Butter Net Weight Four 
Ounces Manufactured Exclusively by Milk Producers Association of Central 
California, Modesto, California."
The article was alleged to be misbranded in that the said statements on 
the cartons and on the print wrapper labels were false and misleading and 
deceived and misled the purchaser, since they represented that the article was 
butter, a product which must contain not less than 80 percent by weight of 
milk fat as required by the act of Congress of March 4, 1923; whereas in fact 
the article contained less than 80 percent by weight of milk fat.
On January 23, 29, and February 6, 1936, American Factors, Ltd., claimant, 
having admitted the allegations of the four libels and having consented to 
decrees, judgments of condemnation were entered, and it was ordered that the 
product be released under bond conditioned that it be returned to San Fran- 
cisco, Calif., and there be reconditioned and repacked. On April 1, 1936, it 
having been found impossible to recondition the product in the lot of 40 cases 
and the lot of 25 cases condemned under the two libels filed on January 23, 
1936, it was ordered that the claimant be permitted to sell it for.the manu- 
facture of soap.
W. R. GBEGG, Acting Secretary of Agriculture.