16030. Adulteration and misbranding of butter.    TJ. S. v. 22 Cases of But 
ter.    Default decree of condemnation, forfeiture, and destruction.
(F. & D. No. 22733.    I. S. No. 21589-x.    S. No. 773.)
On April 13, 1928, the United States attorney for the Southern District of 
Florida, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying seizure and 
condemnation of 22 cases of butter, remaining in the original unbroken pack- 
ages at Jacksonville, Fla., alleging that the article had been shipped by the Fitz- 
gerald Creamery, Fitzgerald, Ga., April 7, 1928, and transported from the State- 
of Georgia into the State of Florida, and charging adulteration and misbranding 
in violation of the food and drugs act as amended. The article was labeled in 
part: " Sweet Clover Creamery Butter, One Pound, Manufactured for Smith,. 
Richardson and Conroy, Inc., Jacksonville, Fla."
It was alleged in the libel that the article was adulterated in that a product 
deficient in milk fat had been
,, substituted for butter, which the said article 
purported to be.
Misbranding was alleged for the reason that the statement, to wit, " Butter," 
borne on the packages containing the article was false and misleading and 
deceived and misled the purchaser in that it represented that the article con- 
sisted wholly of butter, a product which should contain not less than 80 per 
cent by weight of milk fat, as prescribed by law, whereas it did not consist 
wholly of butter, but did consist of a product containing less than 80 per cent 
by weight of milk fat. Misbranding was alleged for the further reason that 
the article was in package form and did not bear a statement of the quantity
?of the contents plainly and conspicuously marked on the outside of the package, 
-since the statement " One Pound " was not correct as the packages contained 
?less than 1 pound.
On June 15, 1928, no claimant having appeared for the property, judgment of 
-condemnation and forfeiture was entered, and it was ordered by the court that 
the product be destroyed by the United States marshal.
ARTHXIB M. HYDE, Secretary of Agriculture.