567. Adulteration and misbranding of wliipt butter.     U. S. v. 11 Cases of Butter.
Default decree of condemnation and destruction. (F. D. C. No. 1721. 
Sample No. 9397-E.)
This product was packed in the standard 1-pound butter carton. Air had been 
incorporated in it to such an extent, however, that the 8-ounce prints practically 
occupied the volume ordinarily occupied by 1 pound of butter. Its labeling bore 
false and misleading health claims.
On March 28, 1940, the United States attorney for the Eastern District of 
Louisiana filed a libel against 11 cases, each containing thirty 8-ounce cartons, 
of whipt butter at New Orleans, La., alleging that the article had been shipped 
in interstate commerce on or about March 8, 1940, by the North Pole Cold Storage 
Co. from Chicago, Ill.; and charging that it was adulterated and misbranded. 
The article was labeled in part: "Churn-Whipt Brand Creamery Butter 8 Ounces 
Net Distributed by Longino & Collins New Orleans, La."
The article was alleged to be adulterated in that air had been mixed and packed 
with it so as to increase its bulk. 
¦       .       ,*i
It was alleged to be misbranded in that the prominent designation on the label, 
"Creamery Butter," was false and misleading when applied to butter with which 
air had been incorporated so as to practically double its bulk. It was alleged 
to be misbranded further in that the statements, "good reasons for serving this 
good butter * * * Butter is economical ¦ * * * Butter makes good food 
taste better," borne on the label, were false and misleading, since they implied 
that the article was a product, ordinarily known as butter; in which air had not 
been incorporated. It was alleged to be misbranded further in that the 
statement "Butter builds up resistance to disease," borne on the label, regarding 
its therapeutic capabilities, was false and misleading.
On May 9, 1940, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered destroyed.
CREAM