790. Adulteration and misbranding of butter.    U. S. v. 20 Tubs of Butter.    Con¬
sent   decree   of   condemnation.      Product   released   under   bond   to   be 
reworked.    (F. D. C. No. 3028.   Sample No. 33356-E.)
On September 9, 1940, the United States attorney for the Southern District 
of New York filed a libel against 20 tubs of butter at New York, N. Y., alleging 
that the article had been shipped in interstate commerce on or about August 25, 
1940, by the Scotland Creamery from Scotland, S. Dak.; and charging that it 
was adulterated and misbranded. It was labeled in part: "Distributors Zenith- 
Godley Co. N. Y."
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 the package was labeled "Butter," which was 
false and misleading as it contained less than 80 percent of milk fat.
On September 24, 1940, the Scotland Creamery, claimant, having admitted the 
allegations of the libel, judgment of condemnation was entered and the product 
was released under bond conditioned that it be reworked so that it contain at 
least 80 percent of milk fat.