723. Adulteration and alleged Misbranding of butter.    V. S. v. 73 Cases of Butter.
Default   decree   of   condemnation   and   destruction.      (F.   D.   C.   No.   2627. 
Sample No. 15475-E.)
On July 30, 1940, the United States attorney for the Western District of 
Tennessee filed a libel against 73 cases of butter at Memphis, Tenn., alleging 
that the article had been shipped in interstate commerce on or about July 12 
and July 19, 1940, by the Sugar Creek Creamery Co. from St. Louis, Mo.; and 
charging that it was adulterated and misbranded. Both shipments were labeled 
in part r "Diamond Springs Quality Butter." One shipment was labeled further: 
"Churned by Crown Butter Company, Danville, Illinois"; and the other shipment 
was labeled further: "Distributed by S,Sugar Creek Creamery Co. Danville, Ill."
The article was alleged to be adulterated in that it consisted in whole or in 
part of a putrid or decomposed substance rendering it unfit for food. It was 
alleged to be adulterated further 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 the statement on the label, "Butter," 
was false and misleading.
On September 4, 1940, no claimant having appeared, judgment was entered 
;Aiding,the product adulterated in that it consisted in whole or an part of a 
putrid and decomposed substance, and the court ordered that it be condemned 
and destroyed.