756. Adulteration  and misbranding of butter.     U.  S. v.  13  Cartons  of Butter.
Consent decree of condemnation. Product released under bond to be re- 
worked.    (F. D. C. No. 2276.   Sample No. 33313-E.)
On June 19, 1940, the United States attorney for the Southern District of 
New York filed a libel against 13 cartons of butter at New York, N. Y., alleging 
that the article had been shipped in interstate commerce on or about June 4, 
1940, by the Farmer's Co-operative Creamery Association, of Rosholt, S. Dak., 
in pool car shipped from Duluth, Minn.; and charging that it was adulterated 
and misbranded. The article was labeled in part: "Butter Distributed by F. F. 
Lowenfels & Son   *    *   *   New York."
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 misbranded in that it was labeled "Butter," which was false and mis- 
leading as it contained less than 80 percent by weight of milk fat.
On June 28, 1940, Farmer's Co-operative Creamery Association, claimant, 
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.