29315. Adulteration and misbranding of butter.    U. S. v. 66 Cubes of Butter.
Consent decree of condemnation.    Product released under bond.    (F. &
D. No. 43232.    Sample No. 19169-D.)
This product contained less than 80 percent of milk fat.
On July 26, 1938, the United States attorney for the Southern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 66 cubes of butter 
at Los Angeles, Calif.; alleging that the article had been shipped in interstate 
commerce on or about July 16, 1938, by Star Valley Creamery Co. from Afton, 
Wyo,; and charging adulteration. and misbranding in violation of the Food 
and Drugs Act. The article was labeled in part: "Star Valley Creamery But- 
ter    Star Valley Creamery Co.    Afton—Wyoming."
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 as provided by act of 
March 4, 1923.
The article was alleged to be misbranded in that the statement "Creamery 
Butter" was false and misleading and deceived and mislead the purchaser 
when applied to a product which contained less than 80 percent of milk fat.
On August 22, 1938, the Star Valley Creamery Co., claimant, having ad- 
mitted the allegations of the libel, judgment of condemnation was entered and 
the product was ordered released under bond conditioned that it be brought up 
to the legal standard under the supervision of this Department.
HARRY L. BROWN, Acting Secretary of Agriculture.