18797. Adulteration and Misbranding of butter. TJ. S. v. Fcrty-tb-ee 30- 
Pound Cases of Butter. Consent decree of condemnation and for- 
feiture. Product released under bond. (F. & D. No. 26760. I. S. No. 
33945.    S. No. 4844.)
Samples of butter from the shipment herein described were found to contain 
less than 80 per cent of milk fat, the standard provided by Congress; examina- 
tion also showed that the cartons contained less than the declared weight.
On June 18, 1931, the United States attorney for the Southern District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of forty-three 30-pound cases of butter, remaining in 
the original unbroken packages at New York, N. Y., alleging that the article 
had been shipped by Paul A. Schulze Co., St. Louis, Mo., June 3, 1931, and had 
been transported from the State of Missouri into the State of New York, and 
charging adulteration and misbranding in violation of the food and drugs act 
as amended. The article was labeled in part: (Carton) "Blue Ribbon Brand 
Creamery Butter * * * One Pound * * * David W. Lewis & Com- 
pany, New York;" (case) "From Paul A. Schulze Co. Mfrs. Butter, St. Louis, 
Missouri."
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 less than 80 per cent of milk fat, 
as provided by act of March 4, 1923.
Misbranding was alleged for the reason that the statement on the label, 
" One Pound Net," was false and misleading and deceived and misled the pur- 
chaser ; and for the further reason that the article was food in package form 
and the quantity of the contents was not plainly and conspicuously marked on 
the outside of the package, since the statement, " One Pound Net," was 
incorrect.
David W. Lewis & Co. (Inc.), New York, N. Y. interposed a claim as agent for 
Paul A. Schulze Co., St. Louis, Mo., the owner of the product, and admitted the 
allegations of the libel, consented to the entry of a decree, and agreed that the 
product be reconditioned so that it contain at least 80 per cent of butterfat. 
On June 29, 1931, judgment of condemnation and forfeiture was entered, and 
it was ordered by the court that the product be released to the claimant upon 
payment of costs and the execution of a bond in the sum of $400, conditioned in 
part that it be reworked so that it comply with the law.
ABTHUE M. HYDE, Secretary of Agriculture.