1062. Adulteration and misbranding of butter.     U. S. v. 13 Tubs and 29 Tubs of
Butter. Consent decree of condemnation. Product ordered released 
under bond to be reworked. (F. D. C. Nos. 3147, 3211. Sample Nos. 34151-E, 
34165-E.)
On September 27 and October 5, 1940, the United States attorney for the 
Southern District of New York filed libels against 42 tubs of butter at New 
York, N. Y., alleging that the article had been shipped in interstate commerce 
on or about September 13 and 21, 1940, by the Ashley Creamery from Ashley, 
N. Dak.; and charging that it was adulterated and misbranded. The article 
was labeled in part: "Creamery Butter Distributed By Zimmer & Dunkak, Inc. 
*    *    *    New York, N. Y."
It was alleged to be adulterated in that a product which contained less than 
80 percent by weight of milk fat had been substituted for butter. It was alleged 
to be misbranded in that the package was labeled "Butter," which was false and 
misleading as it contained less than 80 percent of milk fat.
On October 21, 1940, the Ashley Creamery, claimant, having admitted the 
allegations of the libels and the actions having been consolidated, judgment 
of condemnation was entered, and the product was ordered released under bond 
conditioned that it be reworked so as to contain at least 80 percent by weight 
of milk fat.