1065. Adulteration and misbranding of butter.     U. S. v. 11 Tubs of Butter.     Con¬
sent decree of condemnation. Product ordered released under bond to be 
reworked.     (F. D. C. No. 3146.    Sample No. 34150-E.)
On September 27, 1940, the United States attorney for the Southern District 
of New York filed a libel against 11 tubs of butter at New York, N. Y., 
alleging that the article had been shipped in interstate commerce on or about 
September 14, 1940, by the Cold Springs Creamery from Cold Springs, Minn.; 
and charging that it was adulterated and misbranded. The article was labeled 
in part: "Butter Breakstone Bros., Inc., Distributors New York, N. Y."
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 the statement "Butter" was false and misleading since 
it contained less than 80 percent of milk fat.
Oh December 5, 1940, The Cold Springs Creamery,7 claimant, having admitted 
the allegations of the libel, judgment of condemnation was entered and it was 
ordered that the product be released under bond conditioned that it be reworked 
so that it contain not less than 80 percent by weight of milk fat.