28896. Adulteration  and misbranding of butter.     U.  S. v.  10 Boxes  of Butter..
Consent decree of condemnation.    Product released under bond.    (F. St
D. No. 42095.    Sample Nos. 9806-D, 19218-D.)
This product contained less than 80 percent of milk fat.
On March 24, 1938, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 10 boxes of 
•butter at Philadelphia, Pa., alleging that the article had been shipped in inter- 
state commerce on or about March 18, 1938, from St. Paul, Minn., by the 
Northwest Dairy Forwarding Co., and charging adulteration and misbranding 
in violation of the Food and Drugs Act. The article was labeled in part: 
"Cremoland Sweet Cream Butter A Product of Farmers Cooperative Cream- 
eries   *   *    *   Zenith-Godley Co."
It 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.
Misbranding was alleged in that the word "Butter," appearing on the boxes, 
was false and misleading and tended to deceive the purchaser when applied 
to a product containing less than 80 percent of milk fat.
On April 1, 1938, the Zenith-Godley Co., Philadelphia, Pa., claimant, having 
consented to the entry of a decree, judgment of condemnation was entered, 
and the product was ordered released under bond conditioned that it be brought 
up to the legal standard under the supervision of this Department.
M. L. WILSON, Acting Secretary of Agriculture.