738. Adulteration andMisbranding of butter.   IT. S. v. 90 Tubs of Butter.    Consent
decree of condemnation.     Product released under bond to be reworked.
(F. D. C. No. 2254.    Sample No. 33308-E.)
On June 17, 1940, the United States attorney for the Southern District of New 
York filed a libel against 90 tubs of butter at New York, N. Y., alleging that the 
article had been shipped in interstate commerce on or about May 31, 1940, by the 
Ashley Creamery from Ashley, N. Dak.; and charging that it was adulterated and 
misbranded. It was labeled in part: "Creamery Butter Distributed by Zimmer & 
Dunkak, Inc. 4008 New York, N. Y."
It was alleged to be adulterated in that a product containing less than 80 percent 
by weight of milk fat had been substituted for butter. It was alleged to be mis- 
fr>anf)pa in that it was labeled '^Butter," which -was-false and..misleading .as4t 
contained less than 80 percent milk fat.
On June 28,1940, the claimant, the Ashley Creamery, having admitted the allega- 
tions of the libel, judgment of condemnation was entered and the product was 
ordered released under bond conditioned that it be reworked so that it contain 
at least 80 percent milk fat.