380. Adulteration and misbranding of butter.    U. S. v. 46 Tubs of Butter.    Con¬
sent   decree   of   condemnation.     Product   ordered   released   under   bond.
(F. D. C. No. 1588.   Sample Nos. 89411-D, 89415-D.)
On February 20, 1940, the United States attorney for the Northern District of 
Illinois filed a libel against 46 tubs of butter at Chicago, Ill., alleging that the 
article had been shipped in interstate commerce on or about February 1, 1940, 
by Enid Cooperative Creamery Association from Enid, Okla.; and charging 
that it was adulterated and misbranded.
It was alleged to be adulterated in that a valuable constituent, milk fat, 
had been in whole or in part omitted therefrom; and in that an article con- 
taining less than 80 percent by weight of milk fat had been substituted wholly or 
in part for butter. It was alleged to be misbranded in that it was labeled 
"Butter," which was false and misleading since it contained less than 80 percent 
of milk fat.
On February 21, 1940, Dauber Bros., Chicago, Ill., claimant, having admitted 
the allegations of the libel, judgment of condemnation was entered and the
product was ordered released under bond conditioned that it be reworked so 
that it contain 80 percent of milk fat. 
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