28957. Adulteration and misbranding of butter cookies.    V. S. v. 219 Packages
of Butter Cookies.    Default decree of condemnation and destruction.
(F. & D. No. 41839.    Sample No. 13909-D.)
This product was represented to be butter cookies but contained little or no 
butter.
On March 1, 1938, the United States attorney for the District of Maine, acting 
upon a report by the Secretary of Agriculture, filed in the district court a libel 
praying seizure and condemnation of 219 packages of butter cookies at Portland, 
Maine, alleging that the article had been shipped in interstate commerce on or 
about January 12, 1938, from Lowell, Mass., by the Megowen Educator Food 
Co., and charging adulteration and misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: "Educator Butter Cookies * * * 
Megowen Educator Food Co., Cambridge, Mass."
The article was alleged to be adulterated in that a substance containing little 
or no butter had been mixed and packed therewith so as to reduce or lower 
its quality and strength and had been substituted in whole or in part for the 
article; and in that it was mixed in a manner whereby inferiority was concealed.
Misbranding was alleged in that the statement "Butter Cookies," on the 
package and branded on the cookies, was false and misleading and tended to 
deceive and mislead the purchaser when applied to an article containing little 
or no butter.
On March 21, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
M. L. WILSON, Acting Secretary of Agriculture.