28956. Adulteration and misbranding of butter.    U.  S. v. 5 Cases of Sunlight
Creamery Butter. Default decree of forfeiture. Product ordered de- 
livered to a charitable institution. (F. & D. No. 40192. Sample No. 
53330-C.)
This product was deficient in milk fat.
On August 9, 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 a libel praying seizure and condemnation of five cases of butter 
at Mobile, Ala., alleging that the article had been shipped in interstate commerce 
on or about August 2, 1937, by the Louisville Creamery from Louisville, Miss., 
and charging adulteration and misbranding in violation of the Food and Drugs 
Act. The article was labeled in part: "Sunlight Creamery Butter * * * 
The Cudahy Packing Co."
It 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 of milk fat.
The article was alleged to be misbranded in that the statement "Butter," on 
the carton, was false and misleading and deceived and misled the purchaser.
On September 15, 1937, no claimant having appeared, judgment was entered 
ordering the product forfeited and sold. On September 23, 1937, no sale having 
been effected, an amended decree was filed ordering the product delivered to a 
charitable institution.
M. L. WILSON, Acting Secretary of Agriculture.