29873. Adulteration  and misbranding of butter.     U.  S. v.  4 Tubs  of Butter.
Default decree of condemnation.    Product ordered delivered to a wel- 
fare organization.    (F. & D. No. 43979.    Sample No. 26427-D.)
This product contained less than 80 percent of milk fat.
On September 14,1938, the United States attorney for the Middle District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of four tubs of butter at 
Scranton, Pa.; alleging that the article had been shipped in interstate commerce 
on or about August 80, 1938, by Lubbock Poultry & Egg Co. from Lubbock, 
Tex.; and charging adulteration and misbranding in violation of the Food and 
Drugs Act The article was labeled in part: "Clear Brook Creamery Butter 
Wilson & 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 as provided by act of March 
4, 1923.
It was alleged to be misbranded in that it was labeled "Butter," which was 
false and misleading since it contained less than 80 percent of milk fat.
On December 8,1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered delivered to a welfare organization.
HARRY L. BROWN, Acting Secretary of Agriculture.