12111. MisTbrandins   of  "butter.     XJ.   S.  v.   31  Boxes  of  Butter.     Consent   de 
cree   of   condemnation   and   forfeiture.    Product   released   under 
bond.     (F. & D. No. 18400.    I. S. No. 17686-v.    S. No. C-4292.)
On February 19, 1924, the United States attorney for the Northern District 
of Illinois, 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 31 boxes, each containing 60 alleged 1-pound packages 
of butter, at Chicago, Ill., alleging that the article had been shipped by the 
Browerville Creamery Co., from Browerville, Minn., February 5, 1924, and 
transported from the State of Minnesota into the State of Illinois, and charg- 
ing misbranding in violation of the Food and Drugs Act, as amended. The ar- 
ticle was labeled in part: "Ayrshire Brand Creamery Butter * * * Sold 
By H. C. Christians Co., Johnson Creek, Wis.   *   *   *   One Pound Net."
Misbranding of the article was alleged in substance in the libel for the 
reason that the statement, "One Pound Net," appearing upon each of the said 
packages, was false and misleading and deceived and misled the purchaser, 
in that the said statement represented that each of the packages contained 1 
pound net of butter, whereas each of said packages contained less than 1 
pound net. Misbranding was alleged for the further reason that the article was 
food in package form and did not have a statement of the contents plainly 
and conspicuously marked on the outside of the package in terms of weight 
and measure.
On February 23, 1924, the H. C. Christians Co., claimant, having admitted 
the material allegations in the libel and consented to the entry of a decree,
judgment of condemnation and forfeiture was entered, 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 $1,01)0, 
in conformity with section 10 of the act, conditioned in part that it be repacked 
under the supervision of this department so that each of the packages would 
contain 1 pound net.
C. F. MARVIN, Acting Secretary of Agriculture.