796. Adulteration and misbranding of butter.   U. S. v. 20 Tubs of Butter.   Consent
decree of condemnation.    Product released under bond to be reworked.
(F. D. C. No. 3016.    Sample No. 10540-B.)
On September 6, 1940, the United States attorney for the Southern District 
of New York filed a libel against 20 tubs of butter at New York, N. Y., alleging 
that the article had been shipped in interstate commerce on or about August 
25, 1940, by the Valentine Creamery from Valentine, Nebr.; and charging that 
it was adulterated and misbranded. It was labeled in part: "Herold Gearon Co. 
Inc.    *    *    *   New York."
The article 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 September 18, 1940, the Valentine Creamery, 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.