23333. Adulteration and misbranding of butter.    U. S. v. 7 Cases of Butter.
Default   decree   of   condemnation   and   destruction.      (F.   &   D.   no.
33672.    Sample no. 11359-B.)
This case involved a shipment of butter that was low in milk fat, and that 
was short weight and decomposed.
On September 24, 1934, the United States attorney for the Eastern District 
of Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of seven cases of butter 
at New Orleans, La., alleging that the article had been shipped in interstate 
commerce, on or about September 15, 1934, by the Jerpe Dairy Products Corpo- 
ration, from Fayetteville, Ark., and charging adulteration and misbranding in 
violation of the Food and Drugs Act as amended. The article was labeled in 
part: (Wrapper) "Country Boll Butter * * * Wilson & Co. Distributors 
General Offices Chicago, Ill., U. S. A. 1 Lb.   Net Weight."
The article was alleged to be adulterated in that a product containing less 
than 80 percent by weight of milk fat had been substituted for butter, a product 
which should contain not less than 80 percent of milk fat as provided by the act 
of Congress of March 4, 1923. Adulteration was alleged for the further reason 
that the article consisted in whole or in part of a decomposed animal substance.
Misbranding was alleged for the reason that the statement " Butter ", on the 
label, was false and misleading; 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 made 
was incorrect.
On October 16, 1934, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.