543. Adulteration and misbranding of butter.     XT. S. v. 6 Cubes of Butter.    Con¬
sent   decree   of   condemnation   and   forfeiture.     Product   released   under 
bond for reconditioning.     (F. D. C. No. 1855.     Sample No. 13921-E.)
On April 10, 1940, the United States attorney for the Western District of 
Washington filed a libel against six cubes of butter at Seattle, Wash., alleging 
that the article had been shipped in interstate commerce on or about April 5, 
1940, by the Hot Springs Creamery from Hot Springs, Mont.; and charging 
that it was adulterated and misbranded. It was labeled in part: "H. S. C. 
*    *    *    Walter Ely Co. Seattle, Wash., Distributor."
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 which should contain not less than 80 percent by weight 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 16, 1940, the Hot Springs Creamery, having appeared as claimant 
and 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 brought into compliance with the law under the super- 
vision of the Food and Drug Administration.