30589. Adulteration  and misbranding of  butter.     U.   S.  v.   23  Tubs  of  Butter
(and 1 otiier seizure action against same product). Consent decrees 
of condemnation.     Product released under bond to be reworked.     (F. &
D.  Nos.  45344.  45380.    Sample Nos.   60245-D,  60247-D,  60678-D,  60679-D.)
This product contained less than 80 percent of milk fat.
On May 5 and 11, 1939, the United States attorney for the Southern District 
of New York, acting upon reports by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 144 tubs of butter 
at New York, N. Y.; alleging that the article had been shipped in interstate 
commerce on or about April 28, 1939, and on or about May 2, 1939, by Tekamah 
Cooperative Creamery from Tekamah, Nebr.; and charging adulteration and 
misbranding in violation of the Food and Drugs Act.
The article was alleged to be adulterated in that a product which contained 
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 law.
A portion was alleged to be misbranded in that it was labeled "Butter," 
which was false and misleading since it contained less than 80 percent of 
milk fat.
On May 18 and 22,1939, Tekamah Cooperative Creamery Co., claimant, having 
admitted the allegations of the libels, judgments of condemnation were entered, 
and the product was ordered released under bond conditioned that it be reworked 
so that it contain at least 80 percent of milk fat.
M. L. WILSON, Acting Secretary of Agriculture.