742. Adulteration and misbranding of butter.    TT. S. v. 7 Cartons of Butter.    Con¬
sent decree of condemnation. Product released under bond to be 
reworked.    (F. D. C. No. 316o.   Sample No. 24491-E.)
On October 1, 1940, the United States attorney for the Southern District of 
New York filed a libel against seven cartons of butter at New York, N. Y., alleging 
that the article had been shipped in interstate commerce on or about September 
17, 1940, by the Brooten Cooperative Creamery Association from Brooten, Minn.; 
and charging that it was adulterated and misbranded. The article was labeled 
in part: "Distributed by Zenith Godley Co. * * * Philadelphia, Pa. * * * 
Mfg. By Brooten Co-Op. Cry. Assn., Brooten, Minn."
Itwas alleged to be adulteratedjn that a product containing less than 80 percent 
by weight of milk fat had been substituted for butter. It was alleged to be mis- 
branded in that it was labeled "Butter," which was false and misleading as it 
contained less than 80 percent of milk fat.
On October 11, 1940, the Brooten Cooperative Creamery Association, claim- 
ant, having admitted the allegations 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 of milk fat.