19705. Adulteration and Misbranding of butter.     IT. S. v. 17 Tubs of Butter.
Default decree of condemnation, forfeiture, and destruction.     (F.
& D. No. 27817.    I. S. No. 32509.    S. No. 5907.)
This action involved a shipment of ladled butter, which was rancid, de- 
composed, and below invoiced grade.
On March 5, 1932, the United States attorney for the Northern District of 
California, 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 17 tubs of butter, remaining in the original un- 
broken packages at San Francisco, Calif., alleging that the article had been 
shipped in interstate commerce, on or about February 8, 1932, by the Fairmont 
Creamery Co.. from Omaha, Nebr., and charging adulteration and misbranding 
in violation of the food and drugs act. The article was labeled in part: 
" Order" Fairmont Creamery Co. San Francisco, Calif.," and was invoiced 
¦" Number 1 Ladles."
It was alleged in the libel that the article was adulterated in that it con- 
sisted in part of a decomposed animal substance. Adulteration was alleged 
for the further reason that a product below invoiced grade had been substituted 
in whole or in part for the said article.
Misbranding was alleged for the reason that the article was offered for 
sale under the distinctive name of another article.
On March 16, 1932, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
HENBY A. WALLACE, Secretary of Agriculture.