736. Adulteration and misbranding of butter.    U. S. v. 2 Tubs and 31 Cubes of
Butter.    Decrees of condemnation.    Portion of product ordered released 
under bond; remainder delivered to a charitable institution.    (F. D. C. Nos
2290,3203.   Sample Nos. 33317-E, 24496-B.)
On June 19 and October 8, 1940, the United States attorneys for the Southern 
District of New York and the Eastern District of Pennsylvania filed libels 
against two tubs of butter at New York, N. Y., and 31 cubes of butter at Phila-
delphia, Pa., alleging that the article had been shipped in interstate commerce 
on or about June 7 and September 27, 1940, by the Aneta Creamery or the Aneta 
Creamery & Produce Co. from Aneta, N. Dak.; and charging that it was adul- 
terated and misbranded. One lot was labeled in part: "Aneta Creamery, Aneta, 
N. Dak. * * * Zenith-Godley Co. N. Y." The other lot was labeled in part: 
"Butter Distributed by C. G. Heyd & Co. Phila. Pa. * * * Aneta Creamery, 
Aneta, N. Dak."
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. It was 
alleged to be misbranded in that it was labeled "Butter," which was false and 
misleading as it contained less than 80 percent of milk fat.
On July 3, 1940, no claimant having appeared for the lot seized at New York, 
N, Y., judgment of condemnation was entered and the said lot was ordered 
delivered to a charitable institution. On October 18, 1940, C. G. Heyd & Co., 
Philadelphia, claimant for the butter . seized at Philadelphia, Pa., having 
admitted the allegations of the libel, judgment of condemnation was entered 
and the product was released under bond conditioned that it be brought into 
compliance -with the law..