3455. Adulteration  and misbranding of butter.    U. S. v.   152 Cases of Butter.
Consent decree  of condemnation and destruction.     (F. D.  C. No.  5049. 
Sample No. 40372-E.)
This product contained excessive mold and was deficient in milk fat.
On June 19,1941, the United States attorney for the Middle District of Penn- 
sylvania filed a libel against 152 cases, each containing 12 1-pound rolls, of 
butter at Harrisburg, Pa., alleging that the article had been shipped on or about 
June 9, 1941, by the Tri-State Butter Co. from Cincinnati, Ohio; and charging 
that it was adulterated and misbranded.'
The article was alleged to be adulterated (1) in that it consisted in whole or 
in part of a filthy or decomposed animal substance; and (2) 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 August 29, 1941, the consignee having consented to the entry of a decree, 
judgment of condemnation was entered and the product was ordered destroyed, 
with the provision that it might be sold at public auction by the United States 
marshal for rendering purposes.