554. Adulteration  and misbranding of  butter.     U.  S.  v.   14%   Cases  of Butter.
Consent decree of condemnation. Product ordered delivered to charitable 
institutions.     (F. D. C. No. 1638.    Sample No. 72150-D.)
This product was found to be deficient in milk fat and the packages were 
found to be short of the declared weight.
On February 29, 1940, the United States attorney for the Western District 
of Missouri filed a libel against 14% cases, each containing thirty 1-pound 
prints, of butter at Kansas City, Mo., alleging that the article had been 
shipped in interstate commerce on or about February 26, 1940, by the Ras- 
mussen Creamery Co. from Paola, Kans.; and charging that it was adulterated 
and misbranded. It was labeled in part: "Hillcrest Brand- * * * Distrib- 
utor Kelley Butter Co., Kansas City."
The article was alleged to be adulterated in that a valuable constituent, ,milk 
fat, had been in whole or in part omitted or abstracted therefrom; and in that 
an article containing less than 80 percent by weight of milk fat had been sub- 
stituted wholly or in part for butter. It was alleged to be misbranded in 
that the actual net weight found was less than the declared weight of "1 lb. 
net."
On March 13, 1940, no claim or answer having been filed and the consignee 
having consented to the entry of a decree, judgment of condemnation was en- 
tered and it was ordered that the product be delivered to charitable institutions.