1068. Adulteration and misbranding of butter.     IT. S. v. 16 Cartons and 7 Cartons
of Butter. Consent decree of condemnation. Product ordered released 
under bond to be reworked. (F. D. C. Nos. 3212, 3214. Sample Nos. 34166-E, 
3416S-E.)
On October 4 and 5, 1940, the United States attorney for the Southern District 
of New York filed a libel against 23 cartons of butter at New York, N. Y., 
alleging that the article had been shipped in interstate commerce on or about 
September 14 and 21, 1940, by the Farmers Union Cooperative Creamery from 
Portland, N. Dak.; and charging that it was adulterated and misbranded. The 
article was labeled in part: "Creamery Butter Dist. 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 mis- 
leading as it contained less than 80 percent by weight of milk fat.
On October 21, 1940, the Farmers Union Cooperative Creamery, claimant, 
having admitted the allegations of the libels and the cases having been consoli- 
dated, 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.