1244. Adulteration and misbranding of butter.    U.  S. v. 16 Cartons of Butter.
Consent decree of condemnation.    Product ordered released under bond 
to be reworked.     (F. D. C. No. 3033.    Sample No. 34455-E.)
On September 7, 1940, the United States attorney for the Southern District of 
New York filed a libel against 16 cartons of butter at New York, N. Y., alleging 
that the article had been shipped in interstate commerce on or about August 
27, 1940, by the Landsberger Creamery & Produce Co. from Sisseton, S. Dak.; 
and charging that it was adulterated and misbranded. The article was labeled 
in part: "Creamery Butter Distributed by Gude Bros. Kiefer 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 misleading 
since it contained less than 80 percent of milk fat.
On October 24, 1940, the Landsberger Creamery & Produce Co., 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 hot less than 80 percent by weight of milk fat