12147. Misl?i*anding of butter.     V. S. ??. 218 Boxes  of Butter.     Consent  de 
cree   of   condemnation   and   forfeiture.     Product   i-eleased   under- 
bond.     (F. & D. No. 18420.    I. S. No. 1732-v.     S. No. C-4302.)     -
On February 26, 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 218 boxes of blatter, at Chicago, Ill., alleging that the 
article had been shipped by the Beatrice Creamery Co., from Lincoln, Nebr., 
February 16, 1924, and transported from the State of Nebraska into the State 
of Illinois, and charging misbranding in violation of the Food and Drugs Act, 
as amended.   .
Misbranding of the article was alleged in substance in the libel for the reason 
that the statement appearing on the cartons containing the article, to wit, 
" One Pound Net," was false and misleading and deceived and misled the pur- 
chaser, in that it represented that eacli of the said cartons contained 1 pound 
net of the article, whereas each of said cartons contained less than 1 pound 
net of the said article. 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 March 12, 1924, the Beatrice Creamery Co., Lincoln, Nebr., claimant 
having admitted the material allegations in the libel, and having 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 claim- 
ant upon payment of the costs of the proceedings and the execution of a bond 
in the sum of $1,000, in conformity with section 10 of the act, conditioned in 
part that it be repacked under the supervision of this department so that each 
package would contain 1 pound net, or that the correct net weight would be 
stated on the package.
C. F. MAKVIN, Acting Secretary of Agriculture.