13853. Adulteration and misbranding; of butter. U. S. v. 08 Boxes of But- 
ter. Decree of condemnation and forfeiture. Product released 
under bond.     (F. & D. No. 20519.    I. S. No. 2010-x.    S. No. C-4836.)
On October 1, 1925, the United States attorney for the Western District of 
Tennessee, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 68 boxes of butter, at Memphis, Tenn., alleging that the 
article had been shipped by the Western Creamery Co., from Kansas City, 
Mo., August 6, 1925, and transported from the State of Missouri into the State 
of Tennessee, and charging adulteration and misbranding in violation of the 
food and drugs act.   The article was labeled in part: "Creamery Butter."
Adulteration of the article was alleged in the libel for the reason that a prod- 
uct which contained less than SO per cent by weight of milk fat had been substi- 
tuted for butter, a product which should contain ..not less than 80 per cent 
by weight of milk fat, as prescribed by law, which the article purported to be.
Misbranding was alleged for the reason that the statement "Butter," borne- 
on the labels, was false and misleading, in that the said statement represented 
that the article consisted wholly of butter, and for the further reason that it 
was labeled as aforesaid so as to deceive and mislead the purchaser into the 
belief that it consisted wholly of butter, whereas it did not so consist but did 
consist of a product deficient in milk fat. Misbranding was alleged for the 
further reason that the statement "Butter," borne on the labels was false'and 
misleading, in that it represented that the article was butter, to wit, a product 
which should contain not less than 80 per cent by weight of milk fat, as pre- 
scribed by law, whereas it did not contain 80 per cent by weight of milk fat but 
did contain a less amount.
On October 1, 1925, the Western Creamery Co., Kansas City, Mo., having ap- 
peared as claimant for the property and having admitted the allegations of the 
libel, judgment of condemnation and forfeiture was entered, and it was ordered 
by the court that the product be released to the said claimant upon payment of 
the costs of the proceedings and the execution of a bond in the sum of $1,500, 
in conformity with section 10 of the act, said bond providing that the product 
be reconditioned or relabeled under the supervision of this department.
C. F. MARVIN, Acting Secretary of Agriculture.