89918. Adulteration and misbranding of butter. U. S. v. 55 Boxes and 44 Boxes 
of Butter. Consolidated decree of condemnation. Product released 
under bond to be reconditioned. (F. & D. Nos. 44521, 44522. Sample Nos. 
41646-D, 41648-D.)
This case involved butter which contained less than 80 percent by weight of 
milk fat.
On December 8, 1988, the United States attorney for the Eastern District of 
Pennsylvania, acting upon reports by the Secretary of Agriculture, filed in the 
district court libels praying seizure and condemnation of 97 boxes of butter 
at Philadelphia, Pa.; alleging that the article had been shipped in interstate 
commerce on or about November 30, 1988, by Falls City Creamery Co. from 
Falls City, Nebr.; and charging adulteration and misbranding in violation of 
the Food and Drugs Act.
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, a product 
which should contain not less than 80 percent by weight of milk fat.
It was alleged to be misbranded in that it was labeled "Butter," which state- 
ment was false and misleading.
On December 9, 1988, C. J. Heyd & Co. having appeared as claimant, and the 
cases having been consolidated, judgment of condemnation was entered and 
the product was ordered released under bond to be reconditioned under the 
supervision of this Department.
HARRY L. BROWN, Acting Secretary of Agriculture.