531. Adulteration and misbranding of butter.     U. S. v. 52 Cartons of Butter (and
one other seizure action involving butter). Consent decrees of con- 
demnation. Product released under bond for reworking. (F. D. C. Nos. 
1706, 1776.    Sample Nos. 10308-E, 10333-E.
On March 18 and April 2, 1940, the United States attorney for the Southern 
District of New York filed libels against 99 cartons, each containing 60 pounds, 
of butter at New York, N. Y., alleging that the article had been shipped in inter- 
state commerce on or about March 5 and 20, 1940, by the Barrett Cooperative 
Creamery from Barrett, Minn.; and charging that it was adulterated and mis- 
branded. It was labeled in part: "Creamery Butter Distributed by Gude Bros. 
Kieffer Co."
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. 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 28 and April 20, 1940, the Barrett Cooperative Creamery Co., claim- 
ant, 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 not less than 80 percent of milk fat.