1074. Adulteration   and misbranding of  butter.     IT.   S.   v.   17   Cartons   and  45
Cartons of Butter. Consent decrees of condemnation. Product ordered 
released under bond to be reworked. (F. D, C. Nos. 3208, 3213. Sample 
Nos. 34161-E, 34167-E.)
On October 4 and 7, 1940, the United States attorney for the Southern Dis- 
trict of New York filed libels against 62 cartons of butter at New York, N. Y., 
alleging that the article had been shipped in interstate commerce on or about 
September 19 and 21, 1940, by the Landsberger Creamery & Produce Co., of 
Sisseton, S. Dak., in pool car shipped from Minneapolis, Minn.; and charging 
that it was adulterated and misbranded. The article was labeled in part: 
"Butter Distributed By Gude Bros. Kieffer Co.   *    *    *   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 mislead- 
ing as it contained less than 80 percent by weight of milk fat.
On October 25, 1940, the Landsberger Creamery & Produce Co., claimant, 
having admitted the allegations of the libels, judgments of condemnation were 
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.