30575. Adulteration and misbranding of butter.    U.  S.  v. 54 Cubes of Butter
(and 3 similar seizure actions). Decrees of condemnation. Product 
ordered released under bond. (F. & D. Nos. 45281, 45433, 45460, 45501. 
Sample Nos. 43309-D, 43788-D, 56060-D, 56145-D, 56148-D, 56154-D.)
This product contained less than 80 percent of milk fat.
On April 25, May 16 and 25, and June 6, 1939, the United States attorney for 
the Northern District of California, acting upon reports by the Secretary of Agri- 
culture, filed in the district court four libels praying seizure and condemnation of 
281 cubes of butter at San Francisco, Calif.; alleging that the article had 
been shipped in interstate commerce on or about April 11 and 24, and May 16 
and 27, 1939, by Midwest Dairies, Inc., from Portales, N. Mex.; and charging 
adulteration and misbranding in violation of the Food and Drugs Act.
The article was alleged to be adulterated in that a product which contained 
less than SO percent by weight of milk fat had been substituted for butter, a 
product which should contain not less than 80 percent of milk fat,
Three of the four shipments were alleged to be misbranded in that the label' 
"Butter" was false and misleading, since the article contained less than 80 
percent of milk fat.
On May 19 and June 8 and 14, 1939, Midwest Dairies, Inc., Portales, N. Mex., 
and Wilsey Bennett, San Francisco, Calif., having appeared as claimants for 
respective portions of the article, judgments of condemnation were 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.
M. L. WILSON, Acting Secretary of Agriculture.