764. Adulteration  and misbranding of butter.    U.  S. v.  8  Cartons  of Butter.
Default decree of condemnation.   Product ordered delivered to a charitable 
institution.    (F. D. C. No. 2292.   Sample No. 33686-E.)
On June 19, 1940, the United States attorney for the Southern District of New 
York filed a libel against eight cartons of butter at New York, N. Y., alleging that 
the article had been shipped in interstate commerce on or about June 5, 1940, by 
the Klossner Creamery Co. from Klossner, Minn.; and charging that it was 
adulterated and misbranded. It was labeled in part: "Butter Made by Klossner 
Creamery Company, Klossner, Minn.    *   *   *   Great Atlantic & Pacific Tea Co."
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 misleading 
as it contained less than 80 percent milk fat.
On July 10, 1940, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered delivered to a charitable institution.