1066. Adulteration and misbranding of butter.     U. S. v. 25 Tubs and 26 Tubs of
Butter. Consent decrees of condemnation. Product ordered released 
under bond to be reworked. (F. D. C. Nos. 3205, 3210. Sample Nos. 34152-E, 
34164-E.)
On October 4 and 8, 1940, the United States attorney for the Southern District 
of New York filed libels against 51 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 Eureka Creamery, of Eureka, S. Dak., from Linton, 
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."
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 mis- 
leading since it contained less than 80 percent of milk fat.
On October 21, 1940, the Eureka Creamery, claimant, having admitted the 
allegations of the libels and the cases 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.