1923. Adulteration and misbranding of butter.     V. S. v. 33 Tubs and 5 Tubs of
Butter. Consent decree of condemnation. Product ordered released 
under bond to foe reworked. (F. D. C. Nos. 3023, 3278. Sample Nos. 33351-E, 
34171-E.)
On September 5 and October 15,1940, the United States attorney for the District 
of New Jersey filed libels against 38 tubs, each containing 64 pounds, of butter at 
Jersey City, N. J., alleging that the article had been shipped in interstate com- 
merce on or about August 20 and September 24,1940, by Avon Farmers Creamery, 
Avon, Minn., from Albany, Minn.; and charging that it was adulterated and mis- 
branded. It was labeled in part: "Breakstone Bros. Inc. Distributors New 
York N. Y."
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 the statement "Butter," appearing on the label, 
was false and misleading since it was not correct. 
f
On January 6, 1941, Avon Farmers Creamery, 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 of butterfat.