12409. Misbranding of butter. U. S. v. 340 Pounds, et al., of Butter. De- 
crees entered, finding product to be misbranded and ordering 
Its release under bond to be reworked. (F. & D. Nos. 17716, 17717, 
17720. I. S. Nos. 6925-v, 6926-v, 6930-v, 6931-v. S. Nos. C-4091, C-4092, 
C-4095.)
On August 23, 1923, the United States attorney for the Northern District off 
Texas, acting Upon reports by the Secretary of Agriculture* filed in the Districts
Court of the United States for said district libels praying the seizure and con- 
demnation of 698 pounds of butter remaining in the original packages at 
Wichita Falls, Tex., alleging that the article had been shipped by the Mount 
Scott Creamery Co. from Lawtbn, Okla., in part on or about August 1, 1923, 
and in part on or about August 3, 1923, and transported from the State of Okla- 
homa into the State of Texas, and charging misbranding in violation of the 
'food and drugs act as amended. The article was labeled variously: (Print) 
" Red Rose Butter One Pound Net Weight"; " Mount Scott Creamery Butter
* * * Net Weight 16 Ozs."; and "Brookfield Creamery Butter 1 Lb. Net 
Weight."
'Misbranding of the article was alleged in the libels for the reason that the 
statements, " One Pound Net," or " Net Weight 16 Ozs.," as the case might be, 
borne on the labels of the respective lots, were false and misleading and de- 
ceived and misled purchasers. 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 said packages.
On October 20, 1923, the Mount Scott Creamery Co., Lawton, Okla., having 
appeared as claimant for the property and having admitted the allegations of 
the libels, judgments of the court were entered, finding the product to be mis- 
branded, 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 good and sufficient bond, in conformity with section 10 of the act, condi- 
tioned in part that the product be reworked and that it be not sold in packages 
^containing less than the weight labeled thereon.
HOWARD M. GORE, Secretary of Agriculture.