21327. Adulteration   and   Misbranding of   butter.      U.   S.   v.   4   Boxes   of
Butter.      Default    decree   of   condemnation.      (F.   &   D.   no.   30488. 
Sample no. 30333-A.)
This case involved a shipment of butter, samples of which were found 
to contain less than 80 percent by weight of milk fat, the standard for butter 
established by act of Congress of March 4, 1923.
On May 2, 1933, the United States attorney for the District of Columbia, 
acting upon a report by the Secretary of Agriculture, filed in the Supreme 
Court of the District of Columbia, holding a district court, a libel praying 
seizure and condemnation of four boxes of butter at Washington, D.C, 
alleging that the article had been shipped by the Sugar Creek Creamery 
Co., from Danville, Ill., on or about April 17, 1933, and had been transported 
from the State of Illinois into the District of Columbia, and charging adul- 
teration in violation of the Food and Drugs Act. The article was labeled 
in part: (Carton) "Sugar Creek Butter * * * Sugar Creek Creamery 
Co.    *    *    *   Danville, Ills."
It was alleged in the libel that the article was adulterated in that a sub- 
stance deficient in butterfat had been substituted wholly or in part for the 
article, and had been mixed and packed with it so as to reduce, lower, 
or injuriously affect its quality and strength.
Misbranding was alleged for the reason that the statement, " Butter", 
borne on the label, was false and misleading and deceived and misled the 
purchaser. Misbranding was alleged for the further reason that the article 
was offered for sale under the distinctive name of another article.
On July 7, 1933, no claimant having appeared for the property, judgment of 
condemnation was entered, and it was ordered by the court that the product 
be disposed of in such manner as would not violate the provisions of the 
Federal Food and Drugs Act.
M. L. WILSON, Acting Secretary of Agriculture.