1241. Adulteration and misbranding of batter.    U. S. v. 26 Tubs of Butter.    Con¬
sent decree of condemnation. Product released under bond to be re- 
worked.     (F. D. C. No. 3035.    Sample No. 36098-E.)
On September 10, 1940, the United States attorney for the District of Massa- 
chusetts filed a libel against 26 tubs of butter at Somerville, Mass., alleging that 
the article had been shipped in interstate commerce on or about September 1, 
1940, by the Farmers Cooperative Creamery Association from Hull, Iowa; and 
charging that it was adulterated and misbranded.
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 since it contained less than 80 percent of milk fat.
On September 19, 1940, the Pipestone Produce Co., Somerville, Mass., claimant, 
having admitted the allegations of the libel, judgment of condemnation was 
entered, and the product was ordered released under bond conditioned that it 
be reworked so that it contain at least 80 percent by weight of milk fat.