2343. Adulteration and misbranding of butter.    IJ. S. v. 18 Cartons, 35 Cases,
and 20 Cases of Butter.    Decrees of condemnation.    Portion of product 
- ordered   released   under   bond   for   reworking;    remainder   ordered   de- 
stroyed.     (F. D.   C. Nos.  5320, 5401, 5726.    Sample Nos. 47178-E, 48177-E, 
,62242-E, 67079-E, 67080-E.)
Two shipments of this product contained excessive mold, and a third was 
deficient in milk fat.
On July 22 and August 8 and 18, 1941, the United States attorneys for the 
Northern District of Illinois, Southern District of Florida, and Western District 
of Tennessee filed libels against 18 cartons each containing 75 pounds of butter 
at Chicago, Ill., 35 cases each containing 32 pounds of butter at Jacksonville, Fla., 
and 20 cases each containing 30 pounds of butter at Memphis, Tenn., alleging 
that the article had been shipped on or about June 30, July 25 and 26, and August 
1, 1941, by Cudahy Packing Co. from Neosho, Mo., Nashville, Tenn., and Oxford, 
Miss.; and charging that it was adulterated and that a portion was also mis- 
branded. Portions of the article were labeled in part: "Daisy Maid Brand 
Creamery Butter" ; or "Daisy Maid Brand Country Roll Butter * * * Manu- 
factured   *    *    *   .By Oxford Creamery Co., Oxford, Miss."
The butter seized at Jacksonville and Nashville was alleged to be adulterated 
in that it consisted in whole or in part of a filthy or decomposed substance. The 
portion of the product seized at Chicago was alleged to be adulterated in that a 
valuable constituent, milk fat, had been in whole or in part omitted or abstracted 
therefrom; and in that an article containing less than 80 percent by weight of 
milk fat had been substituted wholly or in part for butter. 
A portion of the article was alleged to be misbranded in that it was labeled 
"Butter," which was false and misleading.
On August 14,1941, the Cudahy Packing Co., claimant for the product seized at 
Chicago, having admitted the allegations of the libel, judgment of condemnation 
was entered and the product was ordered released under bond for reworking 
under the supervision of the Food and Drug Administration. On September 11 
and 18, 1941, no claimant having appeared for the product seized at Jacksonville 
and Memphis, judgments of condemnation were entered and the product was 
ordered destroyed.