11453.?Adulteration   and    misbranding'   of    butter.     V.    S.   v.   44   Cases    of
Butter.     Decree   of   condemnation   and   forfeiture.     Product   re??
leased under bond to  be  reworked and  relabeled.     (F.  & D. No.
163-31.    I. S. No. 8191-t.    S. No. E-3890.)
On July 26, 1922, the United States attorney for the Southern District of?
Georgia, acting upon a report by the Secretary of Agriculture, filed in the Dis??
trict Court of the United States for said district a libel praying the seizure and?
condemnation of 44 cases of butter, remaining unsold in the original unbroken?
packages at Savannah, Ga., alleging that the article had been shipped by the?
Davidson County Creamery Co., from Lexington, N. C, May 21, 1922, and trans??
ported from the State of North Carolina into the State of Georgia, and charging?
adulteration and misbranding in violation of the Food and Drugs Act, as?
amended. The article was labeled in part: " Piedmont * * * Pure Cream??
ery Butter * * * One Pound Net Davidson County Creamery Co. Lexing??
ton, N. C.    *    *    *   Bach Pound Guaranteed."
Adulteration of the article was alleged in the libel for the reason that ex??
cessive water had been mixed and packed with and substituted in part for the?
article.
Misbranding was alleged for the reason that the statements on the labels of?
the cartons containing the article, regarding the said article, " Butter * * *?
One Pound Net," were false and misleading since the said article was not pure?
butter and the packages did not contain one pound net but considerably less?
than that amount. Misbranding was alleged for the further reason that the?
article was food in package form, and the quantity of the contents was not?
plainly and conspicuously marked on the outside of the package.
On July 26, 1922, the Davidson County Creamery Co., Lexington, N. C, claim??
ant, having admitted the allegations in the libel and having filed a bond in the?
sum of $200 in conformity with section 10 of the act, conditioned upon com??
pliance by the claimant with the decree of the court, judgment of condemnation?
was entered, and it was ordered by the court that the product be released to?
the said claimant to be reshipped to the claimant at Lexington, N. C, for re??
working, repacking, and relabeling under the supervision of this department.
HOWARD M. GORE, Acting Secretary of Agriculture.