28637. Adulteration and misbranding of butter.    U. S. v. 3 Cases and 34 Cases
of Butter.    Product ordered released under bond for reworking.    F. & D.
No. 40191.   Sample Nos. 53311-C, 53317-C, 53320-C.)
A portion of this product contained less than 80 percent of milk fat; the re- 
mainder was short weight.
On August 4, 1937, the United States attorney for the Southern District of 
Alabama, acting upon a report by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 37 cases of butter at 
Mobile, Ala., consigned by Armour Creameries, alleging that the article had 
been shipped in interstate commerce from Meridian. Miss., in part on or about 
July 12, and in part on or about July 26, 1937, and charging misbranding 
with respect to a portion, and adulteration and misbranding with respect to 
the remainder in violation of the Food and Drugs Act as amended. The article 
was labeled in part: (Carton) "Armour's Clover bloom Butter 1 Lb. Net Weight 
* * * Armour Creameries Chicago U. S. A. Distributors"; (parchment 
wrapper)  "% Lb. Net Weight."
A portion of the article was alleged to be adulterated in that a product which 
contained less than 80 percent by weight of milk fat had been substituted for 
butter, a product which should contain not less than 80 percent of milk fat, as 
provided by the act of March 4, 1923. The said lot was alleged to be misbranded 
in that the statement "Butter," borne on the label, was false and misleading 
and tended to deceive and mislead the purchaser, since it contained less than 
80 percent of milk fat.
The remaining lot of the product was alleged to be misbranded in that the 
statements "1 Lb. Net Weight" and "^4 Lb. Net Weight" were false and mis- 
leading and tended to deceive and mislead the purchaser. The said lot was 
alleged to be misbranded further in that it was food in package form and the , 
quantity of contents was not plainly and conspicuously marked on the outside 
of the package.
On September 22, 1937, Armour & Co. having appeared as claimant, judgment 
was entered ordering that the product be released to the claimant under bond, 
conditioned that it be reworked to the legal standard, and be made
" to comply 
with the requirements of the law in all other respects.
W. R. GBEGG, Acting Secretary of Agriculture.