377. Adulteration and misbranding of  butter.     TJ.   S.  v. 41  Boxes   of Butter.
Consent decree of condemnation.    Product ordered released under bond 
to be reworked.    (F. D. C. No. 1599.   Sample No. 85879-D.)
On March 1, 1940, the United States attorney for the Southern District of 
New York filed a libel against 41 boxes of butter at New York, N. Y., alleging 
that the article had been shipped in interstate commerce on or about Feb- 
ruary 17, 1940, by the Sunflower Creamery from Manhattan, Kans.; and charging 
that it was adulterated. It was labeled in part: "Butter Distributed by 
Hunter, Walton & Co., New York N. Y."
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. 
It 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 March 12, 1940, the Sunflower Creamery Co., claimant, having admitted 
the allegations of the libel, judgment of condemnation was entered, and the 
product was ordered released under bond conditioned that it be reworked so 
that it contain 80 percent of butterfat.