18674. Adulteration and Misbranding of butter. TT. S. v. 5 Tubs of Butter. 
Default decree of condemnation and forfeiture. Product' deliv- 
ered to charitable institution. (F. & D. No. 26436. I. S. No. 30092. 
S. No. 4582.)
Samples of butter from the shipment herein described having been found 
to contain less than 80 per cent of milk fat, the standard prescribed by Con- 
gress, the Secretary of Agriculture reported the matter to the United States 
attorney for the Southern District of New York.
On April 8,1931, the United States attorney filed, in the District Court of the 
United States for the district aforesaid a libel praying seizure and condemnation 
of five tubs of butter, remaining in the original unbroken packages at New York, 
N. Y., alleging that the article had been shipped by the Gilt Edge Creamery Co., 
Plainfield, Iowa, March 26, 1931, and had been transported from the State of 
Iowa into the State of New York, and charging adulteration and misbranding 
in violation of the food and drugs act
It was alleged in the libel that the article was adulterated in that a product 
containing less than 80 per cent by weight of milk fat had been substituted for 
butter, a product which should contain not lesa than 80 per cent of milk fat as 
provided by law.
Misbranding was alleged for the reason that the article was an imitation of 
and was offered for sale under the distinctive name of another article; and for 
the further reason that it was labeled butter, which was false and misleading 
and deceived and misled the purchaser, since it contained less than 80 per cent 
of milk fat.
On May 11, 1931, no claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court that 
such portions of the product as were passed by a representative of this depart- 
ment as fit for human consumption be delivered to a charitable institution.
ARTHUR M. HYDE, Secretary of Agriculture.