2347. Adulteration and misbranding of butter.    V. S. v. 10 Cases and 30 Cases
of Butter (and 1 other seizure action against butter). Default decrees. 
Portion of product ordered rendered into inedible grease; remainder 
ordered destroyed. (F. D. C. Nos. 5713, 5730. Sample Nos. 48081-E, 48082-E, 
79936-E, 79937-E.)
,    In addition to containing mold, a portion of this product was also deficient 
in butterfat.
On August 12 and 21, 1941, the United States attorneys for the Southern 
District of Indiana and the Northern District of Georgia filed libels against 
509 1-pound prints, 390 1-pound rolls, 293 %-pound rolls, and 636 1-pound 
cartons of butter at Indianapolis, Ind., and 40 cases each containing 32 pounds 
of butter at Atlanta, Ga., alleging that the article had been shipped in interstate 
commerce within the period from on or about July 18 to on or about August 15, 
1941, by Kingan & Co. from Lebanon, Ky.; and charging that it was adulterated 
and that a portion was also misbranded. It was labeled in part: "Forest Brook 
Creamery Butter," or "Piedmont Farm Brand Creamery Butter."
The article was alleged to be adulterated in that it consisted in whole or in 
part of a filthy, putrid, or decomposed substance. A portion was alleged to be 
adulterated further in that a product containing less than 80 percent by weight 
of milk fat had been substituted for butter.
The said portion was alleged to be misbranded in that it was labeled 
"Butter," whereas it contained less than 80 percent by weight of milk fat.
On September 16, 194l, no claimant having appeared for the butter seized at 
Atlanta, judgment of condemnation was entered and the product was ordered 
destroyed. On October 2, 1941, no claimant having appeared for the seizure 
at Indianapolis, judgment was entered ordering that the product be rendered 
into inedible grease under the supervision of the Food and Drug Administration.