3889. Adulteration and misbranding of butter. U. S. v. 155 Pounds of Butter 
(and 10 additional seizure actions against butter). Decrees of con- 
demnation. Portions of product ordered denatured and sold for tech- 
nical purposes or destroyed; portion ordered delivered to a charitable 
institution; portion ordered released under bond for reworking. (F. D. 
C. Nos. 7596, 7774, 7818, 7819, 7860, 7862, 7908, 7912, 7916, 7917, 7977. Sam- 
ple Nos. 48698-E, 54581-E, 70500-E, 70599-E, 80782-E, 83136-E, 87100-B, 
87990-B, 87991-E, 87992-E, 6004-F.)
One lot of this butter was short of the declared weight, one lot was low in milk 
fat, and the remaining lots contained excessive mold.
Between May 22 and July 10, 1942, the United States attorneys for the South- 
ern District of Ohio, Eastern District of Pennsylvania, Southern District of West
Virginia, Southern District of Florida, Eastern District of South Carolina, 
Northern District of Alabama, Eastern District of Virginia, and Western District 
of Tennessee filed libels against a total of 155 1-pound cartons, 98 21/32 cases, 
each full case containing 32 pounds, 3 63-pound tubs, and 26 68-pound cubes of 
butter in various lots at Cincinnati, Ohio, Philadelphia, Pa., Charleston and 
Huntington, W. Va., Tampa and Miami, Fla., Charleston, S. C, Birmingham, 
Ala., Norfolk, Va., and Memphis, Tenn., alleging that the article had been shipped 
in interstate commerce within the period from on or about May 19 to June 26, 
1942, by Armour Creameries, from Louisville, Ky., Springfield, Mo., and Bismarck, 
N. Dak.; and charging that it was adulterated and misbranded. Portions of the 
article were labeled in part: "Armour's Cloverbloom Butter," or "Avondale 
Butter."
The portions seized at Charleston and Huntington, W. Va., Tampa and Miami, 
Fla., Charleston, S. C, Birmingham, Ala., Norfolk, Va., and Memphis, Tenn., 
were alleged to be adulterated in that they consisted in whole or in part of filthy 
or decomposed substances. The portion located at Philadelphia, Pa., was alleged 
to be adulterated in that a product containing less than 80 percent by weight of 
milk fat had been substituted for butter, a product which should contain not less 
than 80 percent of milk fat. The "portion located at Cincinnati, Ohio, was alleged 
to be misbranded in that the statements (carton) "One Pound Net" and (wrapper) 
?% Lb. Net Weight" were false and misleading since the statements were not 
correct, the packages being short weight.
Between June 19 and October 26,1942, no claimant having appeared, judgments 
of condemnation were entered in all cases. The portion which was located at 
Cincinnati was ordered delivered to a charitable institution; the portion which 
was located at Philadelphia was ordered released under bond conditioned that 
it be brought into compliance with the law under the supervision of the Food ami 
Drug Administration; those portions located at Charleston, W. Va., Miami, Hunt- 
ington, and Birmingham were ordered denatured and disposed of for technical 
uses; and the portions located at Memphis, Norfolk, Tampa, and Charleston, 
S. C, were ordered destroyed.