26913. Adulteration and alleged Misbranding of butter.     U. S. v. 2, 14, 14, 13,
and   11  Tubs  of  Butter.    Consent  decree   of condemnation.    Product 
released under bond.    (F. & D. no. 38893.    Sample no. 28431-C.)
This case involved butter that contained less than 80 percent of milk fat.
On December 11, 1936, the United States attorney for the Western District 
of T'ennsylvania, acting upon a report by the Secretary of Agriculture, filed 
in the district court a libel praying seizure and condemnation of 54 tubs of 
butter at Pittsburgh, Pa., alleging that it had been shipped in interstate com- 
merce on or about November 14, 1936, by Swift & Co., from Paris, Tex., and 
charging adulteration in violation of the Food and Drugs Act.
The article was alleged to be adulterated in that a product containing 
less than 80 percent of milk fat had been substituted for butter.
It was alleged to be misbranded in that it was represented to be butter, 
which was false and misleading since it contained less than 80 percent of 
milk fat
On January 23, 1937, Swift & Co., claimant, having admitted the allegation 
of the libel and having consented to the entry of a decree, judgment was 
entered finding the product adulterated, and ordering that it be condemned 
and released under bond on condition that it should not be disposed of as 
butter until it had been reworked to contain 80 percent of milk fat.
W. R. GEEGG, Acting Secretary  of Agriculture.