12291.  Misbranding   of   butter.     U.   S.   v.   147   Pounds   of   Batter.     Default 
deeree  of condemnation,  forfeiture,  and  sale.      (F.  &  D.  No.   17721.
-      I. S. No. 6928-v.    S. No. C-4096.)
On August 15, 1923, the United States attorney for the Northern District 
of Texas, 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 147 pounds of butter, remaining in the original packages 
at Wichita Falls, Tex., alleging that the article had been shipped by the Sun- 
shine Creamery, from Gage, Okla., on or about August 1, 1923, and transported 
from the State of Oklahoma into the State of Texas, and charging misbrand- 
ing in violation of the food and drugs act, as amended. The article was 
labeled in part: (Print) "Sunshine Butter Sunshine Creamery Gage, Okla- 
homa    *    *    *    One Pound Net Weight."
Misbranding of the article was alleged in the libel for the reason that the 
statement, " One Pound Net Weight," appearing on the prints, was false and 
misleading and deceived and misled purchasers, and for the further reason 
that it was [food] in package form and the quantity of the contents was not 
plainly and conspicuously marked on the outside of the packages.
On November 27, 1923, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be sold by the United States marshal.
HOWARD M. GORE, Acting Secretary of Agriculture.