12105. Misbranding   of   batter.    TJ.   S.   v.   30   Cases   of   Butter.    Decree   of
condemnation and forfeiture. Prodnet released under Ibond to be 
relabeled.     (F. & D. No.  18386.    I.  S. No. 987-v.    S. No. E-4738.)
On February 12, 3924, the United States attorney for tlie Northern District 
of Georgia, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying the seizure 
and condemnation of 30 cases, each containing 32 cartons of butter, at Atlanta, 
Ga., alleging that the article had been shipped by the Armour Creameries, from 
'Louisville, Ky., on or about January 26, 1924, and transported from the State 
of Kentucky into the State of Georgia, and charging misbranding in violation 
of the Food and Drugs Act, as amended. The article was labeled in part: 
"One Pound Net Weight."
Misbranding of the article was alleged in the libel for the reason that the 
statement borne on the cartons containing the said article, to wit, " One Pound 
Net Weight," was false and misleading and deceived and misled the purchaser 
into the belief that each of the said cartons contained 1 pound net weight of 
butter, whereas, in truth and in fact, each of the said cartons did not contain 
1 pound net weight of butter but contained a less quantity. Misbranding was 
alleged for the further reason that the article was [food] in package form and 
the fquantity of thel contents thereof was not plainly and correctly stated on 
the outside of the package.
On February 18, 1924, Morris & Co., a branch of the North American Provi- 
sion Co., having appeared as claimant for the property and having admitted 
the allegations of the libel, a decree of condemnation and forfeiture was en- 
tered, and it was ordered by the court that the product be released to the said 
claimant upon payment of the costs of the proceedings and the execution of a 
bond in the sum of $300, conditioned in part that it be relabeled so as to show 
the correct net weight.
C. F. MARVIN, Acting Secretary of Agriculture.