6471. Adulteration and misbranding of butter.    U. S. v. 19 Cases and 1 Case of
Butter (and 2 other seizure actions against butter). Decrees of con- 
demnation. One lot ordered released under bond, 1 lot ordered delivered 
to a charitable institution, and remainder ordered disposed of for war 
purposes. (F. D. C. Nos. 12796, 13146, 13875. Sample Nos. 67760-F, 67883-F. 
68228-F.)
LIBELS FILED :    Between May 6 and August 12,1944, Eastern District of Kentucky.
ALLEGED SHIPMENT : From on or about May 4 to August 10, 1944, by the Mer- 
chants Creamery Co., Cincinnati, Ohio.
PRODUCT:   Butter: 26   30-pound cases, 1   12-pound case, and 16   32-pound cases
at Fort Thoitfas, Ky.
Examination of samples showed that a portion of the product contained mold,
and that the remainder was short-weight. 
LABEL IN PART:    (Cartons) "Jersey Farm Dairy, 1 lb. Net Wt, Creamery Butter,
Distributed by Jersey Farm Dairy, Ft. Thomas, Ky."
VIOLATIONS CHARGED: Adulteration (2 lots), Section 402 (a) (3), the product 
consisted in whole or in part of a filthy or decomposed animal substance.
Misbranding (1 lot), Section 403 (a) and Section 403 (e)  (2), the cartons 
did not contain "1 Lb. Net Wt.," as labeled.
the misbranded lot and one of the adulterated lots, judgments of condemnation 
were entered and the former was ordered delivered to a charitable institution 
and the latter was ordered disposed of for war purposes. On September 8,1944, 
the Merchants Creamery Co., claimant for the remaining adulterated lot, 
having admitted the allegations of the libel, judgment of condemnation was 
entered and the product was ordered released under bond for rendering or 
refining into a product not intended for human consumption, under the super- 
vision of the Food and Drug Administration.