12959. Adulteration and misbranding? of butter.     V. S. v. 245 Cases, et al,, 
of   Butter.    Product   released   under   bond   to   be   reconditioned.
(F.   & D.   Nos.   19089,  19090.    I.   S.  Nos.   7395-v,   7394-v.    g.  Nos.   C-4504, 
C-4503.)
On or about October 2 and 4, 1924, respectively, the United States attorney 
for the Eastern District of Louisiana, acting upon reports by the Secretary 
of Agriculture, filed in the District Court of the United States for said district 
libels praying the seizure and condemnation of 345 cases and 630 pounds of 
butter, at New Orleans, La., alleging that the article had been shipped by
Armour Creameries, from Springfield, Mo., on or about September 21, 1924, 
and transported from the State of Missouri into the State of Louisiana, and 
charging adulteration and misbranding in violation of the food and drugs act. 
A portion of the article was labeled in part: (Carton) "Armour's Cloverbloom 
Pasteurized Creamery Butter * * * Armour And Company General Offices 
Chicago Distributors." The remainder of the said article was labeled in part: 
(Carton) "Morris' Supreme Pasteurized Creamery Butter."
Adulteration of the article was alleged in the libels for the reason that a 
product deficient in milk fat and containing an excessive amount of moisture 
had been substituted for butter, which the article purported to be, and for 
the further reason that a product which contained less than 80 per cent by 
weight of milk fat had been substituted for butter, a product which should 
contain not less than 80 per cent by weight of milk fat, as prescribed by the 
act of March 4, 1923.
Misbranding was alleged for the reason that the statement " Butter," borne 
on the packages containing the article, was false and misleading, in that the 
said statement represented that the article consisted wholly of butter, 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, and for the 
further reason that the statement " Butter," borne on the said packages, 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 prescribed by the act of March 4, 1923, whereas the said article did not 
consist wholly of butter but did consist of a product deficient in milk fat and 
containing excessive moisture, and it did not contain 80 per cent by weight of 
milk fat but did contain a less amount.
On October 13, 1924, Armour & Co. and Morris & Co., of New Orleans, La., 
having appeared as claimants for respective portions of the product, decrees 
of the court were entered, ordering that the product be released to the respec- 
tive claimants, upon the execution of bonds in the aggregate sum of $1,000, 
conditioned in part that it be reconditioned.
W. M. JARDINE, Secretary of Agriculture.