798. Adulteration and misbranding of butter.    U. S. v. 23 Tubs of Butter.    Con¬
sent decree of condemnation.    Product ordered released under bond to be 
reworked.    (F. D. C. No. 2275.   Sample No. 33312-B.)
On June 19, 1940, the United States attorney for the Southern District of 
New York filed a libel against 23 tubs of butter at New York, N. Y., alleging that 
the article had been shipped on or about June 3, 1940, by the Webster Creamery 
Co. from Webster, S. Dak.; and charging that it was adulterated and mis- 
branded. It was labeled in part: "Butter Distributed by F. F. Lowenfels & 
Son."
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 by weight of milk fat.
Oh June 28, 1940, the Webster Creamery Co., claimant, having admitted the 
allegations of the libel, judgment of condemnation was entered and the product 
was released under bond conditioned that it be reworked so that it contain 
at least 80 percent milk fat.