548. Adulteration of butter.

U. S. v. 9 Tubs of Butter. Consent decree of condemnation. Product ordered released under bond to be reworked. (F. D. C. No. 1648. Sample No. 1209-E.)

On March 15, 1940, the United States attorney for the District of Columbia filed a libel against nine tubs of butter at Washington, D. C., alleging that the article had been shipped in interstate commerce on or about February 20 and March 5, 1940, by Meriden Creamery Co. from Hutchinson, Kans.; and charging that it was adulterated in that a substance which contained less than 80 percent of butterfat had been substituted wholly or in part for the article.

On May 7, 1940, the Meriden Creamery Co., 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 to comply with the requirements of the law.

549. Adulteration of butter. U. S. v. 10 Cartons of Butter. Consent decree of condemnation. Product ordered released under bond to be reworked. (F. D. C. No. 2057. Sample No. 10967-E.)

On May 20, 1940, the United States attorney for the Southern District of New York filed a libel against 10 cartons of butter at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about May 3, 1940, by Mott Cooperative Creamery Co. from Mott, 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. The article was labeled in part: "Butter Distributed by J. R. Kramer, Inc., New York."

On June 1, 1940, Mott Cooperative 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 butterfat.

550. Adulteration of butter. U. S. v. 12 Cubes of Butter. Decree of condemnation. Product ordered released under bond to be reworked. (F. D. C. No. 2165. Sample No. 12060-E.)

On May 22, 1940, the United States attorney for the Northern District of California filed a libel against 12 cubes of butter at San Francisco, Calif., alleging that the article had been shipped in interstate commerce on or about May 19, 1940, by Myrtle Point Creamery from Myrtle Point, Oreg.; 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 June 4, 1940, Wilsey Bennet Co., San Francisco, Calif., having appeared as claimant, judgment of condemnation was entered, and it was ordered that the product be released under bond conditioned that it be made to conform to the provisions of the law under the supervision of the Food and Drug Administration.

551. Adulteration of butter. U. S. v. 4 Tubs of Butter.

Default decree of condemnation. Product delivered to a charitable institution. (F. D. C. No. 1707. Sample No. 10309-E.)

On March 18, 1940, the United States attorney for the Southern District of New York filed a libel against four tubs of butter at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about August 23, 1939, by North American Creameries, Inc., from Paynesville, 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. It was labeled in part: "Foremost Sales Co., Inc. * * New York."

On April 17, 1940, no claimant having appeared, judgment of condemnation was entered and the product was ordered delivered to a charitable institution for consumption but not for sale.

552. Adulteration and misbranding of butter. U. S. v. 60 Cases of Butter. Decree of condemnation. Product ordered released under bond. (F. D. C. No. 2034. Sample Nos. 14653-E, 14656-E.)

On April 27, 1940, the United States attorney for the Eastern District of Pennsylvania filed a libel against 60 cases of butter at Philadelphia, Pa., alleging that the article had been shipped in interstate commerce on or about March 28, 1940, by Pickwick Creamery Co. from Lamoille, Minn.; and charging that it was adulterated and misbranded. The article was labeled in part: "Butter Frank Hellerick Co., Inc., Phila., Pa. Wholesale Distribu

tors."

It 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. The article was alleged to be misbranded in that it was labeled "Butter," which term was false and misleading since it contained less than 80 percent of milk fat.

On May 20, 1940, Frank Hellerick & Co., Inc., having appeared as claimant, judgment of condemnation was entered, and the product was ordered released under bond conditioned that it should not be sold or disposed of contrary to law. 553. Adulteration of butter. U. S. v. 14 Cubes of Butter. Decree of condemna

tion. Product released under bond. (F. D. C. No. 1724. Sample No. 7410-E.)

On March 18, 1940, the United States attorney for the Southern District of California filed a libel against 14 cubes, each containing 68 pounds, of butter at Los Angeles, Calif., alleging that the article had been shipped in interstate commerce on or about March 7, 1940, by the Pine Eagle Dairymen's Cooperative Association from Payette, Idaho; and charging that it was adulterated in that a product containing less than 80 percent by weight of milk fat had been substituted for butter. The article was labeled in part: "Farmers Coop. Creamery, Payette, Idaho."

On April 11, 1940, the Challenge Cream & Butter Association, Los Angeles, Calif., claimant, having admitted the allegations of the libel, a decree of condemnation was entered and it was ordered that the product be released under bond conditioned that it should not be disposed of in violation of the law.

554. Adulteration and misbranding of butter. U. S. v. 14% Cases of Butter. Consent decree of condemnation. Product ordered delivered to charitable

institutions. (F. D. C. No. 1638. Sample No. 72150-D.)

This product was found to be deficient in milk fat and the packages were found to be short of the declared weight.

On February 29, 1940, the United States attorney for the Western District of Missouri filed a libel against 14% cases, each containing thirty 1-pound prints, of butter at Kansas City, Mo., alleging that the article had been shipped in interstate commerce on or about February 26, 1940, by the Rasmussen Creamery Co. from Paola, Kans.; and charging that it was adulterated and misbranded. It was labeled in part: "Hillcrest Brand * * 串 Distributor Kelley Butter Co., Kansas City."

The article was alleged to be adulterated in that a valuable constituent, milk fat, had been in whole or in part omitted or abstracted therefrom; and in that an article containing less than 80 percent by weight of milk fat had been substituted wholly or in part for butter. It was alleged to be misbranded in that the actual net weight found was less than the declared weight of "1 lb. net."

On March 13, 1940, no claim or answer having been filed and the consignee having consented to the entry of a decree, judgment of condemnation was entered and it was ordered that the product be delivered to charitable institutions. 555. Adulteration of butter. U. S. v. 31 Tubs of Butter. Consent decree of condemnation. Product ordered released under bond to be reworked. (F. D. C. No. 2133. Sample No. 4887-E.)

On or about May 22, 1940, the United States attorney for the Northern District of Illinois filed a libel against 31 tubs of butter at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about May 4, 1940, by Saline Milk Products Co. from Marshall, Mo.; 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 May 22, 1940, Saline County Milk Producer Association, 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.

556. Adulteration and alleged misbranding of butter. U. S. v. 6 Cubes of Butter. Consent deerce of condemnation and forfeiture. Product re

leased to claimant for reconditioning. (F. D. C. No. 1923. Sample No. 13944-E.)

On or about April 26, 1940, the United States attorney for the Western District of Washington filed a libel against 6 cubes, each containing 68 pounds, of butter at Seattle, Wash., alleging that the article had been shipped in interstate commerce on or about April 19, 1940, by the Saunders County Dairy Co-op from

Plains, Mont.; and charging that it was adulterated and misbranded. labeled in part: "Klock Produce Co. Seattle. B. Q. Butter."

It was

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, a product that should contain not less than 80 percent of milk fat as provided by law. The article 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 April 30, 1940, the Saunders County Dairy Co-op having filed a claim and having admitted the allegations of the libel, and having consented to the entry of a decree, judgment was entered finding the product adulterated and ordering that it be condemned, but providing that it might be released under bond conditioned that it be brought into conformity with the law under the supervision of the Food and Drug Administration.

557. Adulteration and misbranding of butter. U. S. v. 12 Cartons of Butter. Consent decree of condemnation. Product ordered released under bond. (F. D. C. No. 1730. Sample No. 10311-E.)

On March 25, 1940, 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 March 11, 1940, by Sorensen Creamery from Big Stone City, S. Dak.; and charging that it was adulterated and misbranded. The article was labeled in part: "Creamery Butter Distributed by J. R. Kramer, Inc. New York."

It 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 it was labeled "Butter," which was false and misleading since it contained less than 80 percent of milk fat.

On April 5, 1940, Sorensen Creameries, Big Stone City, S. Dak., 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.

558. Adulteration and misbranding of butter.

U. S. v. 14 Tubs of Butter.

Con

sent decree of condemnation. Product released under bond for reworking and reprocessing. (F. D. C. No. 1981. Sample No. 10961-E.)

On May 9, 1940, the United States attorney for the Southern District of New York filed a libel against 14 tubs, each containing 64 pounds, of butter at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about April 30, 1940, by the Stanton Cooperative Creamery from Stanton, Nebr., to Omaha, Nebr., and thence to New York, N. Y.; and charging that it was adulterated and misbranded. The article was labeled in part: "Creamery Butter Distributed by Dairy & Poultry Co-op. Inc. New York."

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. The article was alleged to be misbranded in that the statement "Butter" was false and misleading since it contained less than 80 percent of milk fat.

On June 3, 1940, the Stanton Cooperative 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 butterfat.

559, Adulteration and misbranding of butter. U. S. v. 14 Cubes of Butter. Decree of condemnation. Product released under bond. (F. D. C. No. 1729. Sample No. 7327-E.)

On March 20, 1940, the United States attorney for the Southern District of California filed a libel against 14 cubes of butter at Los Angeles, Calif., alleging that the article had been shipped in interstate commerce on or about March 16, 1940, by the Surface Creek Creamery Association from Eckert, Colo.; and charging that it was adulterated and misbranded.

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, a product that should contain not less than 80 percent by weight of milk fat, as provided by law. It was alleged to be misbranded in that the statement "Butter," borne on the label, was false and misleading when applied to an article that contained less than 80 percent by weight of milk fat.

On April 11, 1940, the Challenge Cream & Butter Association, Los Angeles, Calif., claimant, having admitted the allegations of the libel, a decree of con

demnation was entered, and it was ordered that the product be released under bond conditioned that it should not be disposed of in violation of the law.

560. Adulteration of butter. U. S. v. 7 Cases and 7 Cases of Butter.

Consent

decrees of condemnation. Product ordered released under bond. (F. D. C. No. 1598. Sample Nos. 72147-D, 72148-D.)

On or about February 28, 1940, the United States attorney for the Western District of Missouri filed libels against 14 cases of butter at Kansas City, Mo., alleging that the article had been shipped in interstate commerce on or about February 19 and 20, 1940, by Talbot, Woods & Co., in its own truck, from Kansas City, Kans.; and charging that it was adulterated. It was labeled in part: "Country Club Dairy * * Creamery Butter."

*

It was alleged to be adulterated in that a valuable constituent, milk fat, had been in whole or in part omitted or abstracted; and in that an article which contained less than 80 percent by weight of milk fat had been substituted wholly or in part for butter.

On February 28, 1940, Talbot, Woods & Co., Inc., 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 under the supervision of the Food and Drug Administration in order to increase the butterfat content to meet the legal standard for butter.

561. Adulteration of butter. U. S. v. 22 Tubs of Butter. Consent decree of condemnation. Product ordered released under bond to be reworked. (F. D. C. No. 2137. Sample No. 4895-E.)

On or about May 22, 1940, the United States attorney for the Northern District of Illinois filed a libel against 22 tubs of butter at Chicago, Ill., alleging that the article had been shipped in interstate commerce on or about May 7, 1940, by Whitford Mercantile Co. from Nowata, Okla.; and charging that it was adulterated in that a product which contained less than 80 percent of milk fat had been substituted for butter.

On May 29, 1940, 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 to be reworked under supervision of the Food and Drug Administration to bring it into compliance with the law.

662. Adulteration and misbranding of butter. U. S. v. 29 Cartons and 18 Cartons of Butter. Consent decree of condemnation. Product released

under bond to be reworked. (F. D. C. Nos. 2059, 2167. Sample Nos. 10969-E, 33245-E.)

On May 21 and 25, 1940, the United States attorney for the Southern District of New York filed libels against 47 cartons of butter at New York, N. Y., alleging that 29 cartons of the article had been shipped in interstate commerce on or about May 7, 1940, by the Farmers Creamery from St. Cloud, Minn., and that 18 cartons had been shipped on or about May 15, 1940, by the Kimball Creamery from Kimball, Minn.; and charging that it was adulterated and misbranded. Subsequent to the filing of the libels it was ascertained that the dealer in possession of the 18 cartons had made an error in identifying the product at the time of sampling and that the shipment of May 15, 1940, had in fact been made by the same shipper who made the earlier shipment, namely, the Farmers Creamery, St. Cloud, Minn. One lot of the article was labeled in part: "Distributed by Hunter, Walton & Co. * * New York, 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. Misbranding was alleged in that the article was labeled "Butter," which was false and misleading when applied to a product containing less than 80 percent of milk fat.

On June 8, 1940, the Farmers Creamery, claimant, 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 not less than 80 percent of milk fat. 563. Adulteration and misbranding of butter. U. S. v. 10 Cartons of Butter. Consent decree of condemnation. Product ordered released under bond to be reworked. (F. D. C. No. 2163. Sample Nos. 10978-E, 33246-E.) On May 28, 1940, the United States attorney for the Southern District of New York filed a libel against 10 cartons of butter at New York, N. Y., alleging that the article had been shipped in interstate commerce on or about May 18, 1940, by Kimball Creamery from Kimball, Minn.; and charging that it was adulterated and 269384°-40-3

misbranded. It was labeled in part: "Distributed by Hunter, Walton & Co. New York, N. Y."

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. Misbranding was alleged in that the statement "Butter," borne on the label, was false and misleading since the article contained less than 80 percent of milk fat.

On June 8, 1940, Kimball Creamery, 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 at least 80 percent of milk fat.

Con

564. Adulteration and misbranding of butter. U. S. v. 5 Cubes of Butter. sent decree of condemnation. Product ordered released under bond.

(F. D. C. No. 2008. Sample No. 13051-E.)

On May 11, 1940, the United States attorney for the Western District of Washington field a libel against five cubes of butter at Seattle, Wash., alleging that the article had been in interstate commerce on or about May 7, 1940, by Latah Creamery from Moscow, Idaho; and charging that it was adulterated and misbranded. It was labeled in part: "Walter Ely Co. Seattle, Wash. Distributors, Butter."

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 it was labeled "Butter," which statement was false and misleading since the product contained less than 80 percent of milk fat.

On May 15, 1940, Latah 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 made to comply with the law under the supervision of the Food and Drug Administration.

565. Adulteration and misbranding of butter. U. S. v. 3 Cases of Butter. Default decree of condemnation, forfeiture, and destruction. (F. D. C. No. 1698. Sample No. 1211-E.)

This product had a strong odor and was decomposed and otherwise unfit for food.

On March 23, 1940, the United States attorney for the District of Columbia filed a libel against 3 cases, each containing 30 pound cartons, of butter at Washington, D. C., alleging that the article had been shipped in interstate commerce on or about March 4, 1940, by the Valley Creamery & Produce Co. from Sisterville, W. Va.; and charging that it was adulterated and misbranded. The product was labeled in part: "Land O'Hills Brand Creamery Butter Mfd. by Land O'Hills Creamery, Buckhannon, W. Va."

The article was alleged to be adulterated in that it consisted in whole or in part of a decomposed substance and was otherwise unfit for food. It was also alleged to be misbranded in that the statement "Creamery Butter made from fine pasteurized cream" was false and misleading since it was wholly unacceptable as table butter, which it purported to be.

On April 17, 1940, no claimant having appeared, a decree of condemnation and forfeiture was entered and the product was ordered destroyed.

Default

566. Misbranding of butter. U. S. v. 11 Cases and 2 Cases of Butter. decree of condemnation. Product ordered delivered to charitable institutions. (F. D. C. No. 1932. Sample Nos. 6189-E, 6190–E.)

A portion of this product failed to bear a label containing an accurate statement of the quantity of contents of the packages and the remaining portion was short of the weight declared on the label.

On April 3, 1940, the United States attorney for the District of New Mexico filed a libel against 13 cases of butter at Albuquerque, N. Mex., alleging that the article had been shipped in interstate commerce on or about March 16, 1940, by South Plains Creamery from Littlefield, Tex.; and charging that it was misbranded. One lot was unlabeled and the remaining lot was labeled “4 oz. Net Weight" when shipped.

The article in both lots was alleged to be misbranded in that it was food in package form and the quantity of contents was not plainly and conspicuously marked on the outside of the package. One lot was alleged to be misbranded further in that it was labeled "4 oz. Net Weight," which was false and misleading since the package contained less than that quantity.