758. Adulteration and misbranding of butter.     U. S. v. 4 Cartons and 6 Boxes
of Butter. Default decrees of condemnation and forfeiture. Product 
ordered delivered to charitable Institutions. (F. D. C. Nos. 2162, 2164. 
Sample Nos. 10158-E, 10977-E, 10979-E.)
On May 27, 1940, the United States attorney for the Southern District of 
New York filed libels against 4 cartons each containing 60 pounds, and 6 boxes 
each containing 50 1-pound rolls of butter, at New York, N. Y., alleging that 
the article had been shipped in interstate commerce on or about May 4 and 
May 11, 1940, by the Farmers' Union Cooperative Creamery from Portland, 
N. Dak.; and charging that it was adulterated and misbranded. The article 
was labeled in part: "Creamery Butter. Distributed by F. F. Lowenfels & Son, 
New York"; or "Creamery Butter. Distributed by Zimmer & Dunkak, Inc., 
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 the statement "Butter," borne on the label, was false 
and misleading when applied to a product containing less than 80 percent by 
weight of milk fat.
On June 8, 1940, no claimant having appeared, decrees of condemnation and 
forfeiture were entered, and it was ordered that the product be delivered to 
charitable institutions for consumption and not for sale.