662. Adulteration and misbranding of butter. IT. S. v. 29 Cartons and 18 
Cartons of Butter. Consent decree of condemnation. Product released 
under bond to be reworked. (F. D. C. Nos. 2059, 2167. Sample Nos. 10969-E, 
33245-E.)
On May 21 and 25,1940, the United States attorney for the Southern District of 
New York filed libels against 47 cartons of butter at New York, N. Y., alleging that 
29 cartons of the article had been shipped in interstate commerce on or about 
May 7,1940, by the Farmers Creamery from St. Cloud, Minn., and that 18 cartons 
had been shipped on or about May 15,1940, by the Kimball Creamery from Kimball, 
Minn.; and charging that it was adulterated and misbranded., Subsequent to the 
filing of the libels it was ascertained that the dealer in possession of the 18 cartons 
had made an error in identifying the product at the time of sampling and that the 
shipment of May 15, 1940, had in fact been made by the same shipper who made 
the earlier shipment, namely, the Farmers Creamery, St. Cloud, Minn. One lot 
of the article was labeled in part: "Distributed by Hunter, Walton & Co. * * * 
New York, N. Y."
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. Misbranding 
was alleged in that the article was labeled "Butter," which was false and mis- 
leading when applied to a product containing less than 80 percent of milk fat.
On June 8, 1940, the Farmers Creamery, claimant, having admitted the allega- 
tions of the libels and the cases having been consolidated, judgment of condemna- 
tion was 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.