2184. Adulteration  and misbranding of butter.    XJ.   S.  v.   35   Tubs   of  Butter.
Consent decree of condemnation.    Product ordered released under bond 
to be reworked.    (F. D. C. No. 5069.    Sample No. 46366-E.)
On June 25, 1941, the United States attorney for the Southern District of 
New York filed a libel against 35 tubs, each containing approximately 64 pounds; 
of butter at New York, N. Y., alleging that the, article had been shipped elisor
about June 8, 1941, by Minneola Creamery, Wanamingo, Minn., from Minneapolis, 
Minn.; and charging that it was adulterated and niisbranded. It was labeled 
in part: "Creamery Butter Distributed By Zimmer & Dunkak, Inc. * * * 
New York, N. Y."
The article was alleged to 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 milk fat.
On July 8, 1941, Minneola Creamery 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 reworkedj under the 
supervision of the Food and Drug Administration so that it comply with the law.