16718. Adulteration and alleged Misbranding of butter. U. S. v. 14 Tubs, 
et al., of Butter. Consent decree of condemnation and forfeiture. 
Product released under bond. (F. & D. Nos. 23942, 24036. I. S. Nos. 
04520, 09286.    S. Nos. 2149, 2169.
On July 22 and July 26, 1929, respectively, the United States attorney for the 
Northern District of Illinois, acting upon reports by the Secretary of Agricul-. 
ture, filed in the District Court of the United States for said district libels 
praying seizure and condemnation of 26 tubs of butter, remaining in the original 
unbroken packages at Chicago, Ill. It was alleged in the libels that the article 
had been shipped in part by the Bruce Creamery, and in part by the Bruce 
CreameiT Co., from Bruce, S. Dak., July 13, 1929, and July 16, 1929, respec- 
tively, and transported from the State of South Dakota into the State of Illi- 
nois, and that it was adulterated and misbranded in violation of the food and 
drugs act as amended.
Adulteration of the article was alleged in the libels for the reason that exces- 
sive water had been mixed and packed therewith so as to reduce and lower and 
injuriously affect its quality and strength, in that a substance deficient in 
butterfat had been mixed and packed therewith so as to reduce or lower or 
injuriously affect its quality or strength and had been substituted wholly or in 
part for the said article, and in that it did not comply with the standard estab- 
lished by Congress.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article. Misbranding was alleged with 
respect to a portion of the article for the further reason that it was food in 
package form and the quantity of the contents was not plainly and conspicu- 
ously marked on the outside of the package.
On August 6, 1929, Gallagher Bros., Chicago, Ill., claimant, having admitted 
the allegations of the libel and having consented to the entry of a decree, judg- 
ment was entered linding the product adulterated and ordering its condemna- 
tion and forfeiture, and it was further ordered by the court that the said 
product be released to the claimant upon payment of costs and the execution of 
a good and sufficient bond, conditioned in part that it be reprocessed, under 
the supervision of this department, so that it contain not less than 80 per 
cent of butterfat.
ARTHUR M. HYDE, Secretary of Agriculture.