15305. Adulteration and Misbranding of butter.    TJ. S. v. IT Tubs of Butter.
Decree of condemnation and forfeitui'e entered. Product released 
under bond.    (F. & D. No. 22005.    I. S. No. 20032-x.    S. No. 38 )
On July 22, 1927, the United States attorney for the Eastern District of 1 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying seizure and" 
condemnation of 17 tubs of butter remaining in the original unbroken packages 
at Philadelphia, Pa., consigned by the North State Creamery Co., Burlington,
N.-C.,- alleging that the article had been shipped from Burlington, N. C, on or 
about July 20, 1927, and transported from the State of North Carolina into the 
State of Pennsylvania, and charging adulteration and misbranding in violation 
of the food and drugs act as amended. The article was labeled in part: " From 
North State Creamery Company, Burlington, N. C."
It was alleged in the libel that the article was adulterated, in that a sub- 
stance containing less than 80 per cent of butterfat had been mixed and packed 
therewith so as to reduce, lower, and injuriously affect its quality and strength, 
and had been substituted wholly or in part for the said article.
Misbranding was alleged for the reason that the article was an imitation of
or offered for sale under the distinctive name of another article, and in that it
was food in package form and the quantity of the contents was not plainly and
conspicuously declared on the outside of the package.
? On August 3, 1927, the North State Creamery Co., Inc., Burlington, N. C,
t     having appeared as claimant for the property, 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 $1,000, conditioned in part that it be
reconditioned under the supervision of this department. 
j 
W. M. JARDINE, Secretary of Agriculture.