26894. Adulteration  and misbranding of butter.     U.  S. v.  26 Boxes of Butter.
Decree of condemnation.     Product released under bond to be reworked.
(F. & D.  no. 28829.     Sample nos.  11684-C, 11687-C,  11689-C.)
This butter contained less than 80 percent by weight of milk fat.
On November 27, 1936, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 26 boxes of butter 
at Springfield, Mass., consigned about November 16, 1936, alleging that it had 
been shipped in interstate commerce by North American Creameries, Inc., from 
Oaks, N. Dak., and charging adulteration and misbranding in violation of 
the Food and Drugs Act.
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, which 
it purported to be, the act of Congress of March 4, 1923, providing that butter 
shall contain not less than 80 percent by weight of milk fat.
It was alleged to be misbranded in that it was an imitation of and was offered 
for sale under the distinctive name of another article, namely, butter.
On December 22, 1936, North American Creameries, Inc., having appeared 
as claimant, judgment of condemnation was entered and it was ordered that 
the product be released under bond conditioned that it be reworked so that 
it contained at least 80 percent by weight of milk fat.
W. R. GBEGG, Acting Secretary of Agriculture.