12148. Misbranding' of Butter. V. S. v. 3 00 Cases of Butter. Consent de- 
cree of condemnation and forfeiture. Product released under 
bond.     (F. & D. No. 18392     I. S. No. 992-v.     S. No. E^4739.)
On February 15, 1924, the United States attorney for the 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 100 cases of butter, at Atlanta, Ga., alleging thai the 
article had been shipped by the Belle Meade Butter Co., from Nashville, Tenn., 
February 5, 1924, and transported from the State of Tennessee into the State of 
Georgia, and charging misbranding in violation of the Food and Drugs Act, 
as amended. The article was labeled in part: " Full Weight One Pound 
*    *    *    Butter."
Misbranding of the article was alleged in the libel for the reason that the 
statement borne on the label on the cartons containing the said article, to wit, 
'' Full Weight One Pound," was false and misleading and deceived and misled 
the purchaser into the belief that each of the said cartons contained 1 pound 
of butter, whereas, in truth and in fact, the said cartons did not each contain 
1 pound of butter but did contain a materially less amount. Misbranding was 
alleged for the further reason that the article was food in package form and 
the quantity and [of the] contents were [was] not plainly and conspicuously 
marked on the outside of the package.
On February 19, 1924, George A. Hornel & Co., Atlanta, Ga., claimant, having 
admitted the allegations in the libel and having consented to the entry of a 
decree, judgment of condemnation and forfeiture was entered, and it was or-* 
dered by the court that the product be released to the said claimant upon pay- 
ment of the costs of the proceedings and the execution of a bond in the sum 
of $100, in conformity with section 10 of the act.
C. F. MARVIN, Acting Secretary of Agriculture.