1939, by Iowa County Cooperative Dairy from Dodgeville, Wis.; and charging that it was adulterated in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter.

On July 26, 1939, the Peter Fox Sons Co., Chicago, Ill., claimant, having admitted the allegations of the libel, judgment of condemnation was entered, and the product was ordered released under bond conditioned that it be reworked to the legal standard.

37. Adulteration of butter.

U. S. v. 15 Tubs of Butter. Consent decree of condemnation. Product released under bond for reworking. (F. D. C. No. 396. Sample Nos. 55636-D, 55802-D.)

On July 27, 1939, the United States attorney for the Northern District of Illinois filed a libel against 15 tubs of butter at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about July 10, 1939, by Deer Creek Creamery Co. from Atchison, Kans.; and charging that it was adulterated in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter.

On August 25, 1939, Deer Creek Creamery Co., Atchison, Kans., claimant, having admitted the allegations of the libel, 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.

38. Adulteration of butter. U. S. v. 43 Tubs of Butter.

Consent decree of condemnation. Product released under bond to be reworked. (F. D. C. No. 529. Sample Nos. 55637-D, 55692-D.)

On August 10, 1939, the United States attorney for the Northern District of Illinois filed a libel against 43 tubs of butter at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about July 17, 1939, by Des Moines Cooperative Dairy from Des Moines, Iowa; and charging that it was adulterated in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter.

On August 24, 1939, Miles Friedman, Inc., Chicago, Ill., claimant, having admitted the allegations of the libel, 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.

39. Adulteration of butter.

U. S. v. 83 Tubs of Butter. Consent decree of condemnation. Product ordered released under bond to be reworked. (F. D. C. No. 427. Sample No. 67716-D.)

On August 11, 1939, the United States attorney for the Southern District of New York, filed a libel against 83 tubs of butter at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about July 29, 1939, by Spring Valley Butter Co. from Houston, Tex.; and charging that it was adulterated in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter.

On August 22, 1939, Spring Valley Butter Co., claimant, having admitted the allegations of the libel, 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 milk fat.

40. Adulteration and misbranding of butter. U. S. v. 30 Tubs of Butter. Consent decree of condemnation. Product released under bond to be re

worked. (F. D. C. No. 498. Sample No. 60254-D.)

On August 17, 1939, the United States attorney for the Southern District of New York filed a libel against 30 tubs of butter at New York, N. Y., alleging that the article had been shipped in Interstate commerce on or about August 8, 1939, by Linton Creamery Co., Linton, N. Dak.; and charging that it was adulterated and misbranded.

Adulteration was alleged in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter.

Misbranding was alleged in that the article was offered for sale under the name of another food; and in that it was an imitation of butter and the word "imitation" did not appear on the label in connection with the word "butter."

On August 29, 1939, Linton Creamery Co., claimant, having admitted the allegations of the libel, 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.

207846-40

U. S. v. 14 Tubs of Butter.

41. Adulteration of butter. Consent decree of condemnation. Product released under bond to be reworked. (F. D. C. No. 509. Sample No. 60256-D.)

On August 18, 1939, the United States attorney for the Southern District of New York filed a libel against 14 tubs of butter at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about August 2, 1939, by David Park Co. from Bemidji, Minn.; and charging that it was adulterated in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter.

On August 29, 1939, David Park Co., claimant, having admitted the allegations of the libel, 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.

42. Adulteration of butter. U. S. v. 15 Cartons of Butter. Consent decree of condemnation. Product released under bond to be reworked. No. 553. Sample No. 67732-D.)

(F. D. C. On August 28, 1939, the United States attorney for the Southern District of New York filed a libel against 15 cartons of butter at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about August 17, 1939, by the Gackle Creamery from Gackle, N. Dak.; and charging that it was adulterated in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter.

On September 5, 1939, Gackle Creamery Co., claimant, having admitted the allegations of the libel, 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.

43. Adulteration of butter. U. S. v. 14 Cartons and 96 Cartons of Butter. Consent decrees of condemnation. Product released under bond to be reworked. (F. D. C. Nos. 550, 552. Sample Nos. 67723–D, 67728–D.)

On August 26, 1939, the United States attorney for the Southern District of New York filed a libel against 110 cartons of butter at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about August 12 and 16, 1939, by the Sorensen Creamery from Big Stone City, Minn. [S. Dak.]; and charging that it was adulterated in that it contained less than 80 percent by weight of milk fat and was represented to be butter.

On September 5, 1939, the Sorensen Creamery, claimant, having admitted the allegations of the libels, judgments of condemnation were entered, and the product was ordered released under bond conditioned that it be reworked to the legal standard.

44. Adulteration of butter. U. S. v. 9 Cartons of Butter. Consent decree of condemnation. Product released under bond to be reworked. (F. D. C. No. 530. Sample No. 67722-D.) On August 25, 1939, the United States attorney for the Southern District of New York filed a libel against nine cartons of butter at New York, N. Y., alleg ing that the article had been shipped in interstate commerce on or about August 12, 1939, by Clinton Creamery, Clinton, Minn., from Duluth, Minn.; and charging that it was adulterated in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter.

On September 5, 1939, Clinton Creamery, claimant, having admitted the allegations of the libel, 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.

45. Adulteration of butter. U. S. v. 15 Cartons and 17 Cartons of Butter. Consent decree of condemnation. Product released under bond to be reworked. (F. D. C. Nos. 531, 554. Sample Nos. 60259-D, 67727-D, 67733-D.) On August 25 and 28, 1939, the United States attorney for the Southern District of New York filed libels against 32 cartons of butter at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about August 12 and 18, 1939, by Monticello Dairy, Monticello, Minn.; and charging that it was adulterated in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter.

On September 8, 1939, Mersel & Fortgang, New York, N. Y., claimants, having admitted the allegations of the libels and the cases having been consolidated, 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.

46. Adulteration of butter. U. S. v. 9 Tubs of Butter.

Consent decree of condemnation. Product released under bond to be reworked. (F. D. C. No. 585. Sample No. 69774-D.)

On August 25, 1939, the United States attorney for the Middle District of Pennsylvania filed a libel against nine tubs of butter at Sunbury, Pa., alleging that the article had been shipped in interstate commerce on or about August 19, 1939, by Schlosser Dairy Products Co., Inc. (Isaly's Creamery Products, Inc.), from Fort Wayne, Ind.; and charging that it was adulterated in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter.

On September 18, 1939, Schlosser Dairy Products Co., Inc. (Isaly's Creamery Products, Inc.), claimant, having admitted the allegations of the libel, 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. 47. Adulteration and misbranding of butter. U. S. v. 8 Tubs of Butter. Consent decree of condemnation. Product released under bond to be reworked. (F. D. C. No. 528. Sample No. 44499-D.)

On August 21, 1939, the United States attorney for the District of New Jersey filed a libel against eight tubs of butter at Elizabeth, N. J., alleging that the article had been shipped in interstate commerce on or about August 14, 1939, by Armour Creameries, Inc., from Minnesota Transfer, Minn.; and charging that it was adulterated and misbranded. The article was labeled in part: "Gold Band Brand."

The article was alleged to be adulterated in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter.

It was alleged to be misbranded in that the statement on the label, "Butter," was false and misleading; in that a product which contained less than 80 percent by weight of milk fat had been offered for sale under the name "butter"; and in that it was an imitation of butter and the word "imitation" did not appear on the label.

On October 10, 1939, Armour & Co., claimant, having admitted the allegations of the libel, 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.

48. Adulteration of butter. U. S. v. 12 Cartons of Butter. Consent decree of condemnation. Product released under bond to be reworked. (F. D. C. No. 551. Sample Nos. 67726-D, 67734-D.)

On August 26, 1939, the United States attorney for the Southern District of New York filed a libel against 12 cartons of butter at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about August 12, 1939, by Foley Creamery Co. from Foley, Minn.; and charging that it was adulterated in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter.

On September 28, 1939, the Foley Creamery Co., claimant, having admitted the allegations of the libel, 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.

49. Adulteration of butter.

U. S. v. 15 Tubs of Butter.

Consent decree of condemnation. Product released under bond to be reworked. (F. D. C. No. 497. Sample Nos. 55638-D, 55639-D.) On August 10, 1939, the United States attorney for the Northern District of Illinois filed a libel against 15 tubs of butter at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about July 18, 1939, by Farmers Creamery Co. from St. Olaf, Iowa; and charging that it was adulterated in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter.

On August 19, 1939, the Peter Fox Sons Co., Chicago, Ill., claimant, having admitted the allegations of the libel, 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.

50. Adulteration of butter. U. S. v. 17 Tubs of Butter.

Consent decree of con

demnation. Product ordered released under bond to be reworked. (F. D. C. No. 637. Sample No. 67421-D.)

On September 18, 1939, the United States attorney for the Southern District of New York filed a libel against 17 tubs of butter at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about August

20, 1939, by Falfurrias Creamery Co. from Falfurrias, Tex.; and charging that it was adulterated in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter.

On September 26, 1939, Falfurrias Creamery Co., claimant, having admitted the allegations of the libel and having consented to the entry of a decree, 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 butterfat.

51. Adulteration of butter. U. S. v. 2 Cartons of Butter. Default decree of condemnation and destruction. (F. D. C. No. 693. Sample No. 35197-D.) On October 2, 1939, the United States attorney for the District of Maryland filed a libel against 2 cartons containing 75 pounds of butter at Hagerstown, Md., alleging that the article had been shipped in interstate commerce, on or about September 29, 1939, by Jefferson Creamery from Charles Town, W. Va.; and charging that it was adulterated in that a valuable constituent, milk fat, had been in whole or in part omitted and in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter.

On October 29, 1939, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

52. Adulteration of butter. U. S. v. 25 Tubs of Salted Butter and 47 Tubs of Sweet Butter. Consent decree of condemnation. Product released under bond conditioned that portion deficient in milk fat be reworked. (F. D. C. No. 725. Sample Nos. 68205-D, 68206-D.)

On October 3, 1939, the United States attorney for the Southern District of New York filed a libel against 72 tubs of butter at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about September 26, 1939, by South Mountain Creamery, Inc., from Middletown, Md.; and charging that it was adulterated in that a product which contained less than 80 percent by weight of milk fat had been substituted for butter.

On October 17, 1939, South Mountain Creamery, Inc., claimant, having admitted the allegations of the libel, judgment of condemnation was entered, and the product was ordered released under bond conditioned that all tubs found to contain a product deficient in milk fat be reworked to the legal standard.

53. Misbranding of butter. U. S. v. 250 Cases of Butter. Product released under bond to be remolded and repacked. (F. D. C. No. 619. Sample Nos. 40837-D, 40838-D.)

This product was short of the declared weight.

On August 5, 1939, the United States attorney for the District of New Mexico filled in the district court a libel praying seizure and condemnation of 250 cases of butter at Albuquerque, N. Mex., alleging that the article had been shipped in interstate commerce on or about July 30, 1939, by Plains Creamery, Inc., from Amarillo, Tex.; and charging that it was misbranded. The article was labeled in part: "Sunny State Fancy Creamery Butter Sunny State Distributing Company, Albuquerque, New Mexico."

It was alleged to be misbranded in that it was labeled "One Pound," which was false and misleading since the packages contained less than that quantity. On August 21, 1939, the Plains Creamery, claimant, having admitted the allegations of the libel, judgment was entered ordering release of the product under bond conditioned that it be brought into conformity with the law under the supervision of this Department. It was remolded and repacked to the labeled weight.

54. Misbranding of butter. U. S. v. 1,050 Pound Prints of Butter.

Default de

cree of condemnation and destruction. (F. D. C. No. 644. Sample No. 85192-D.)

This product was short weight.

On September 19, 1939, the United States attorney for the District of Maryland filled a libel against 1,050 1-pound prints of butter at Cumberland, Md., alleging that the article had been shipped in interstate commerce on or about September 15, 1939, by Potomac Valley Creamery from Franklin, W. Va.; and charging that it was misbranded. The article was labeled in part: "Potomac Valley Brand Fine Creamery Butter * * One Pound Net."

*

It was alleged to be misbranded in that the prints did not contain 1 pound net, as labeled.

On October 11, 1939, 352 pounds having been seized and no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

55. Adulteration of butter. U. S. v. 14 Cases of Butter. Default decree of condemnation and destruction. (F. D. C. No. 821. Sample No. 82939-D.)

Samples of this product were found to contain mold.

On October 21, 1939, the United States attorney for the Northern District of Georgia filed a libel against 14 cases of butter at Atlanta, Ga., alleging that the article had been shipped in interstate commerce on or about October 19, 1939, by Mountain Valley Creamery from Brasstown, N. C.; and charging that it was adulterated in that it consisted in whole or in part of a filthy substance. The article was labeled in part: "Kingan's Reliable Pure Creamery Butter Packed for Kingan & Co."

* *

On November 15, 1939, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

CHEESE

56. Misbranding of grated cheese. U. S. v. 76 Dozen Cans of Grated Cheese. Decree of condemnation. Product released under bond for relabeling. (F. D. C. No. 441. Sample No. 47908-D.)

The packages of this product contained less than the declared weight. They were also deceptive in that they were filled only to about one-half of their capacity.

On August 17, 1939, the United States attorney for the District of Maryland filed a libel against 76 dozen cans of grated cheese at Baltimore, Md., alleging that the article had been shipped in interstate commerce on or about July 11, 1939, by Italian Cheese Co., Inc., from Brooklyn, N. Y.; and charging that it was misbranded. The article was labeled in part: "Icco Brand Grated Cheese Contents 11⁄2 Oz. Avoir."

Misbranding was alleged in that the labeling of the article was false and misleading, since the packages did not contain 11⁄2 ounces but did contain a smaller amount; in that its container was so filled as to be misleading; and in that it was in package form and its label did not contain an accurate statement of the quantity of contents.

On September 26, 1939, a claim and answer having been filed and the case having come up for hearing, judgment of condemnation was entered and the product was ordered released under bond conditioned that it be relabeled under the supervision of this Department and be made to comply with the law in all respects.

57. Misbranding of grated cheese. U. S. v. 22 Cartons of Grated Cheese. Default decree of condemnation and destruction. (F. D. C. No. 564. Sample No. 69848-D.) The containers of this product were slack-filled, the cans examined having been found to contain an average of 51 percent of their capacity.

On September 7, 1939, the United States attorney for the District of New Jersey filed a libel against 22 cartons, each containing 12 cans of grated cheese, at Atlantic City, N. J., alleging that the article had been shipped in interstate commerce on or about August 16, 1939, by M. Wildstein & Sons, Inc., from Philadelphia, Pa.; and charging that it was misbranded. The article was labeled in part: "New Yorker Brand Italian Style Grated Cheese New Yorker Cheese Company, Phila., Penn."

It was alleged to be misbranded in that its container was so made, formed, and filled as to be misleading.

On October 5, 1939, no claimant having appeared, judgment of condemnation was entered and the product was ordered destroyed.

CREAM

58. Adulteration of cream. U. S. v. Three 10-Gallon Cans of Cream. Consent decree of condemnation and destruction. (F. D. C. No. 346. Sample No. 35170-D.)

This product was in whole or in part filthy or decomposed.

On July 26, 1939, the United States attorney for the District of Maryland filed a libel against three 10-gallon cans of cream at Middletown, Md., alleging that the articles had been shipped in interstate commerce on or about July 24, 1939, by E. J. Keller from Washington, D. C.; and charging that it was adulterated in that it consisted in whole or in part of a filthy, putrid, or decomposed substance.

On July 28, 1939, the consignee having consented to the entry of a decree, Judgment of condemnation was entered and the product was ordered destroyed.