773. Adulteration and misbranding of butter.    V. S. v. 35 Tubs of Butter  (and
one other seizure of butter). Consent decree of condemnation. Product 
ordered released under bond to be reworked. (F. D. C. Nos. 3207, 3237. 
Sample Nos. 34160-E, 34175-E.)
On October 4 and October 9, 1940, the United States attorney for the Southern 
District of New York filed libels against 62 tubs of butter at New York, N. Y., al- 
leging that the article had been shipped in interstate commerce on or about Sep- 
tember 19 and September 21, 1940, by the Marion Cooperative Creamery from 
Marion and Marion Junction, S. Dak.; and charging that it was adulterated and 
misbranded.   It was labeled in part: "Butter Distributed by Hunter, Walton & Co.
* *    *    New York."
It 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 
since it contained less than 80 percent by weight of milk fat.
On October 18, 1940, the Marion Cooperative Creamery, claimant, having 
admitted the allegations of the libels, 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 
milk fat.