4563. Adulteration and misbranding of butter.    tJ. S. v. 18 Cases of Butter (and 3
additional   seizure   actions   against   butter).    Decree   of   condemnation. , 
One lot ordered sold as salvage fats.    Remainder ordered released under 
bond to be reworked and relabeled.     (F. D. C. Nos. 8046, 8584, 9285, 9568. 
Sample Nos. 1535-F, 22586-F, 29521-F, 32631-F.)
One of these lots of butter contained excessive mold. A second and a third 
lot were low in milk fat and one of these was also short weight. A fourth lot 
was short weight.
On or about July 22 and September 25,1942, and on January 15 and February 22, 
1943, the United States attorneys for the Northern District bf Georgia, Northern 
District of Illinois, Eastern District of Pennsylvania, and Eastern District of 
Kentucky filed libels against 18 30-pound eases of butter at Atlanta, Ga., 45 
32-pound cases at Chicago, Ill., 49 63-pound tubs at Philadelphia, Pa., and 8 
32-pound cases at Maysville, Ky., alleging that the article had been shipped in 
interstate commerce within the period from on or about June 29, 1942, to Febru- 
ary 16,1943, by the Beatrice Creamery Co. from Nashville, Tenn., Topeka, Kans., 
Chicago, Ill. and Cincinnati, Onio; and charging that it was adulterated and 
misbranded. Portions of the article were labeled in part: "Blue Ribbon Cream- 
ery Butter * * * Made by The Bdrden Company, Nashville, Tennessee," 
"Meadow Gold Butter   *    *   *   1 Lb. Net." 
A portion of the article was alleged to be adulterated in that it consisted in 
whole or in part of a filthy or decomposed substance. The remainder was al- 
leged to be adulterated in that an article containing less than 80 percent by 
weight of milk fat had been substituted in whole or in part for butter. One 
of the lots low in milk fat was alleged to be adulterated further in that a 
valuable constituent, milk fat,; had been in whole or in part omitted or abstracted 
therefrom.
Portions bf the article were alleged to be misbranded in that the statement 
on the label "1 Lb. Net," was false and misleading since it was incorrect, and 
in that it was in package form and did not bear a label containing an accurate 
statement of the quantity of the contents.
On September 22, 1942, no claimant having appeared for the lot located at 
Atlanta, Ga., judgment of condemnation was entered and the product was ordered 
to be denatured and sold to Tenderers of fat designated by the Office of Price 
Administration. On October 9, 1942, and February 17 and March 3, 1943, 
the Beatrice Creamery Co., having appeared as claimant for the remaining 
lots, judgments of condemnation were entered and the product was ordered 
released under bond conditioned that i^ be brought into compliance with the law.