12214. Misbranding: of butter. V. S. v. 1,237 Cartons of Butter. Product 
released under  bond.     Costs assessed  against  claimant.      (F.  & T>.
No. 17662.    I.  S. Nos. 6887-v, 6904-v, 6905-v.     S. NoS. C-4073,  C-4075.)
On July 23, 1923, the United States attorney for the Western District of 
Louisiana, acting upon a report by the Secretary bf Agriculture, filed in the
District Court of the United States for said district a libel praying the seizure 
and condemnation of 1,237 cartons of butter, remaining unsold in the original 
unbroken packages at Shreveport, La., alleging that the article had been shipped 
by the Misletoe Creameries, Fort Worth, Tex., on or about July 11 and 16,
1923, and transported from the State of Texas into the State of Louisiana, and 
charging misbranding in violation of the food and drugs a.ct, as amended. The 
article was labeled in part: (Print) "Mistletoe Creamery Butter * * * 
Misletoe Creameries   *    *    *    Fort Worth, Texas    One Pound Net."
Misbranding of the article was alleged in the libel for the reason that the 
labels bore the statement, " One Pound Net," which was false and misleading 
and deceived and misled the purchaser. 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 October 19, 1923, the Misletoe Creameries, Fort Worth, Tex., claimant, 
having admitted the allegations of the libel and taken the product down under 
bond, judgment of the court was entered, ordering that the claimant pay the 
costs of the proceeings and that the libel be dismissed.
HOWARD M. GORE, Acting Secretary of Agriculture.