726. Adulteration and misbranding of butter.   IT. S. v. 3 Cartons and 29% Boxes
of Butter. Decrees of condemnation. Portion of product ordered de- 
stroyed; remainder ordered released under bond. (F. D. C. Nos. 3013, 3031. 
Sample Nos. 2682-E, 33377-E.)
Samples taken from one shipment of this product were found to contain mold 
and those taken from the other were found to be deficient in milk fat.
On or about September 5 and September 9, 1940, the United States attorneys 
for the District of Massachusetts and the District of Connecticut filed libels 
against 3 cartons of butter at Worcester, Mass., and 29% boxes of butter at 
New Haven, Conn., alleging that the article had been shipped in interstate 
commerce by the Cudahy Packing Co. from Sioux City, Iowa, on or about 
August 14 and August 30, 1940; and charging that it was adulterated and that 
one shipment was also misbranded. The article was labeled in part: "Daisy 
Maid Brand Creamery Butter" or "Daisy Butter."
The lot seized at Worcester, Mass., was alleged to be adulterated in that it 
consisted in whole or in part of a filthy, putrid, or decomposed substance.
The lot seized at New Haven, Conn., was alleged to be adulterated in that 
a product containing less than 80 percent by weight of milk fat had been 
substituted for butter. It also was alleged to be misbranded in that the stater 
mend on the label "Butter" was false and misleading.
On September 30, 1940, no claimant having appeared for the lot seized at 
Worcester, Mass., judgment of condemnation was entered and the said lot was 
ordered destroyed. On September 23, 1940, the Cudahy Packing Co., having 
appeared as claimant for the butter seized at New Haven, Conn., and having 
admitted the allegations of the libel, judgment of condemnation was entered and 
the product seized in that district was ordered released under bond conditioned 
that it be brought into compliance with the law.