759. Adulteration and misbranding of  butter.     U. S.  v.  13  Cartons  of Butter.
Consent   decree   of  condemnation.     Product   released  under, bond  to   be 
reworked.    (F. D. C. No. 2252.    Sample No. 33311-E.)
On June 17, 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 1, 
1940, by the Farmers Union Cooperative Creamery from Portland, N. Dak.; 
and charging that it was adulterated and misbranded. It 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 milk fat.
On June 28, 1940, the claimant, the Farmers Union Cooperative Creamery, 
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.