778. Adulteration and misbranding: İf butter.   TJ. S. v. 29 Tubs of Butter.    Consent
decree   of   condemnation.     Product   ordered   released  under  bond   to   be 
reworked.    (F. D. C. No. 2255.   Sample No. 33307-E.)
On June 17, 1940, the United States attorney for the Southern District of 
New York filed a libel against 29 tubs of butter at New York, N.Y., alleging that 
the article had been shipped on or about May 31, 1940, by the Napoleon Creamery, 
of Napoleon, N. Dak. from Linton, N. Dak.; and charging that it was adulterated 
and misbranded. It was labeled in part: "Butter Distributed By Zimmer & 
Dunkak, Inc.,    *    *    *   New York, N. Y."
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 
as it contained less than 80 percent of milk fat.
On June 28, 1940, the Napoleon Creamery, claimant, having admitted the allega- 
tions 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 
at least 80 percent of milk fat.