29197. Adulteration and misbranding of butter cookies.     U. S. v. 48 Boxes of
Butter   Cookies.    Default   decree   of   condemnation   and   destruction.
(F. & D. No. 42398.    Sample No. 14451-D.)
This product was represented to be butter cookies but contained little or no 
butter.
On May 16, 1938, the United States attorney for the District of Rhode Island, 
acting upon a report by the Secretary of Agriculture, filed in the district court a 
libel praying seizure and condemnation of 48 boxes of butter cookies at Provi- 
dence, R. I.; alleging that the article had been shipped in interstate commerce 
on or about April 21 and 22, 1938, from Boston, Mass., by Loose-Wiles Biscuit 
Co.; and charging adulteration and misbranding in violation of the Food and 
Drugs Act. The article was labeled in part: "Sunshine Butter Cookies * * * 
Loose-Wiles Biscuit Company."
It was alleged to be adulterated in that a substance containing little or no 
butter had been substituted in whole or in part for the article, which purported 
to be a butter cooky.
Misbranding was alleged in that the statement "Butter Cookies" was false and 
misleading and tended to deceive and mislead the purchaser when applied to an 
article containing little or no butter; and in that it was offered for sale under the 
distinctive name of another article, butter cookies.
On June 3, 1938, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered destroyed. On June 25, 1938, an amended 
decree was entered ordering the product distributed to charitable institutions.
HARRY L. BROWN, Acting Secretary of Agriculture.