1067. Adulteration and misbranding of butter.    U. S. v. 195 Cartons of Butter.
Consent decree of condemnation. Product released under bond to be re- 
worked.     (F. D. C. No. 2228.    Sample No. 3569-E.)
On June 7, 1940, the United States attorney for the Western District of New 
York filed a libel against 195 cartons of butter at Buffalo, N. Y., alleging that 
the article had been shipped in interstate commerce on or about May 21, 1940, 
by the Farmers Co-Operative Creamery Association from Slater, Iowa; and 
charging that it was adulterated and misbranded. It was labeled in part: 
(Parchment wrapper) "Vita-Gold Sweet Cream Butter Distributed by Danahy- 
Faxon Stores, Inc. Buffalo, 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 it was labeled "Butter," which was false and 
misleading since it contained less than 80 percent of milk fat.
On July 15, 1940, the Farmers Co-Operative Creamery Association, claimant, 
having admitted the allegations of the libel, judgment of condemnation was 
entered, and it was ordered that the product be released under bond conditioned 
that it be reworked so that it contain not less than 80 percent milk fat.