8199. Adulteration and misbranding of butter.    TJ. S. v. IT Cartons (1,054 pounds)
of Butter.    Consent decree of condemnation.    Product ordered released 
under bond.    (F. D. C. No. 16090.    Sample No. 19205-H.,)
LIBEL FILED :   April 11, 1945, Southern District of New York.
ALLEGED SHIPMENT:   On  or   about  March   24,   1945,   by  the  Ethan  Dairy
Products Co., from Ethan, S. Dak. 
PRODUCT:   17 cartons, each containing approximately 62   1-pound, unlabeled
prints, of butter at New York, N. Y.
LABEL IN PART:    (Carton)   "Distributed by Harry Atlas Sons   New York." 
VIOLATIONS CHARGED:   Adulteration, Section 402 (b)  (2), a product containing
less than 80 percent by weight of milk fat had been substituted for butter. 
Misbranding, Section 403 (e) (3), the product failed to bear a label declaring
the name and place of business of the manufacturer, packer, or distributor;
and, Section 403  (e)   (2), it failed to bear a label containing an accurate
statement of the quantity of the contents. 
DISPOSITION:   May 4, 1945.   The Ethan Dairy Products Co., claimant, having 
admitted the allegations of the libel, judgment of condemnation was entered
and the product was ordered released under bond to be reworked so as to
conform  with   the  law,   under   the   supervision  of the Food  and  Drug
Administration.
BUTTERMILK AND CHEESE