544. Adulteration and misbranding of butter.     IT. S. v. 14, 16, 18, and 12 Tubs
of Butter.     Consent decrees of condemnation.     Product ordered released 
under bond to be reworked.     (F. D. C. Nos. 1570, 1982.    Sample Nos. 85876-D, 
10962-E.)
On February 27 and May 10, 1940, the United States attorney for the Southern 
District of New York filed libels against 60 tubs of butter at New York, N. Y., 
alleging that the article had been shipped in interstate commerce on or about
February 15 and May 2, 1940, by Perry Kier from Mankato, Kans.; and 
charging that it was adulterated and misbranded. A portion of the article 
was labeled in part: "Butter S. & W. Waldbaum Inc." The remainder was 
labeled in part: "Butter S. & W. Waldbaum Inc. * * * Distributors New 
York, N. Y.    Manufactured by Perry Kier Mankato, Kans."
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 the statement "Butter" was false and 
misleading since it contained less than 80 percent of milk fat.
On March 12 and May 24, 1940, Perry Kier, 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 
under the supervision of the Food and Drug Administration so that it contain 
at least 80 percent of milk fat.