754. Adulteration and misbranding of butter.     U.  S. v.  18 Cartons  of Butter.
Consent decree of condemnation.    Product ordered released under bond.
(F. D. C. No. 2169.    Sample No. 33248-E.)
On May 25, 1940, the United States attorney for the Southern District of 
New York filed a libel against 18 cartons of butter at New York, N. Y., alleging 
that the article had been shipped in interstate commerce on or about May 16, 
1940, by Farmers Cooperative Creamery from Clarkfield, Minn.; and charging 
that it was adulterated .and.misbranded. It was labeled in part: "Paul Ii. 
Dffion' CovIhc:;iNewYolfk."
The article was alleged to be adulterated in that a product which contained 
less than 80 percent, by weight of milk fat had been substituted for butter, a 
product which should contain not less than 80 percent of milk fat, as provided 
by act of March 4, 1923. It was alleged to be misbranded in that it was labeled 
"Butter," which was false and misleading when applied to a product that con- 
tained less than 80 percent of milk fat.
On June 11, 1940, Farmers Cooperative Creamery Association, claimant, hav- 
ing admitted the allegations of the libel, judgment of condemnation was entered 
and the product was released under bond conditioned that it be reworked so 
that it contain at least 80 percent butterfat.