2389. Adulteration and misbranding of butter.    U. S. v. 10 Cubes of Butter.     Con¬
sent decree  of condemnation.    Product ordered released under bond to 
be reworked.    (F. D. C. No. 5219.    Sample. No. 49078-E.)
On or about July 7, 1941, the United States attorney for the Northern District 
of Texas filed a libel against 10 cubes, each containing 68 pounds, of, butter at 
Fort Worth, Tex., alleging. that the article had been shipped in interstate com- 
merce on or about June 17, 1941, by the Smith Creamery & Produce Co. from 
Fairview, Okla.; and charging that it was adulterated and misbranded.
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 it was labeled "Butter," which was 
false and misleading; and in that it failed to bear the name and address of the 
manufacturer, packer, or distributor.
On August 25, 1941, Fort Worth Poultry & Egg Co., Inc., Fort Worth, Tex., 
claimant, having admitted the allegations of the libel, judgment of condemnation 
was entered (amended October 22, 1941) and the product was ordered released 
under bond to be reworked under the direction of the Food and Drug 
Administration.