198. Adulteration and misbranding of butter.     U. S. v. 75 Tubs and 49 Tubs of
Butter.     Consent   decree   of   condemnation.     Product   ordered   released 
under bond.     (F.  D.  C.   Nos.  532,  565.     Sample Nos.  44498-D,  44507-D.)
On August 21 and 31, 1939, the United States attorney for the District of 
New Jersey filed libels against 124 tubs of butter at Newark, N. J., alleging that 
the article had been shipped in interstate commerce on or about August 12 
and 16, 1939, by Farmers Cooperative Creamery Co. from Lake Benton, Minn.; 
and charging that it was adulterated and misbranded.
It was alleged to be adulterated in that a product which contained less than 
80 percent by weight of milk fat had been substituted for butter.
It was alleged to be misbranded in that the statement "Butter," borne on 
the label, was false and misleading; in that a product which contained less 
than 80 percent by weight of milk fat had been offered for sale under the 
name of butter; and in that it was an imitation of butter and the word "imita- 
tion" did not appear on the label in conjunction with the word "Butter."
On October 7, 1939, Gude & Cole, Inc., Newark, N. J., having appeared as 
claimant and the cases having been consolidated, judgment of condemnation 
was entered and the product was ordered released under bond conditioned that 
it be reworked so that it contain at least 80 percent butterfat.