12482. Adulteration and misbranding of butter. IJ. S. v. 14 Cases of But- 
ter. Consent decree of condemnation and forfeiture. Product 
released under bond to be relabeled. (F. & D. No. 18827. I. S No. 
16617-v.    S. No. E-4941.)
On June 21, 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 14 cases, each containing 30 pounds of butter, remaining 
in the original unbroken packages at Atlanta, Ga., alleging that the article had 
on shipped by the Hawkins County Creamery Co., from Rogersville, Tenn.,
on or about June 13, 1924, and transported from the State of Tennessee into 
the State of Georgia, and charging adulteration and misbranding in violation 
of the food and drugs act as amended. The article, was labeled in part: (Car- 
ton) "Dairy Belle Pure * * * Sweet Creamery Butter * * "*' Haw- 
kins County Creamery Rogersville, Tennessee. * * * One Pound Net When 
Packed."
A-dulteration of the article was alleged in the libel for the reason that a 
substance, to wit, water, had been packed therewith so as to reduce and lower 
its quality and strength, and had been substituted in part for the said article.
Misbranding was alleged for the reason that the statement appearing in the 
label, " One Pound Net When Packed," was false and misleading and deceived 
and misled the purchaser into the belief that each of the cartons contained 1 
pound net weight of butter, whereas, in truth, the said cartons did not contain 
1 pound net weight of butter. Misbranding was alleged for the further reason 
that the article was food in package form and the contents was not plainly 
and conspicuously marked on the outside of the said package.
On July 11, 1924, the Hawkins County Creamery, Rogersville, Tenn., claim- 
ant, having admitted the allegations of the libel and 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 claimant upon 
payment 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', conditioned in part that 
the product be relabeled to meet the requirements of the law.
HOWARD M. GORE, Secretary of Agriculture.