27105. Adulteration and misbranding of butter.     U.  S. v.  178 Tubs of  Butter.
Decree   of   condemnation.     Product   released   under   bond   subject   to 
reworklngr.     (F. & D. no. 39102.    Sample no. 12290-C.)
This case involved a shipment of butter that was deficient in milk fat
On February 8, 1937, 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 178 tubs of butter at 
Boston, Mass., consigned on or about February 1, 1937, alleging that it had been 
shipped in interstate commerce by the Isaly Dairy Co., from Marion, Ohio, 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, a product 
which should contain not less than 80 percent by weight of milk fat as provided 
by the act of March 4, 1923.
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, butter.
On February 12, 1937, the Isaly Dairy Co. having appeared as claimant and 
having admitted the allegations of the libel, judgment of condemnation was 
entered and it was ordered that the product be released under bond subject to 
reworking so that it contain at least 80 percent of milk fat.
W. R. GREGG, Acting Secretary of Agriculture.