12490. Misbranding of butter.    IT. S. v. 9%  Cases and 2%  Cases  of Butter.
Decrees of condemnation and forfeiture. Product released under 
bond.     (F. & D. No. 18833.    I. S. Nos. 16150-v, 16151-v.    S. No. B-4883.)
On July 11, 1924, the United States attorney for the Eastern District of 
Pennsylvania, acting upon a report of the Secretary of Agriculture, filed in 
the District Court of the United States for said district libels praying the 
seizure and condemnation of 12 cases, each containing 30 1-pound prints, 
of butter, remaining in the original unbroken packages at Philadelphia, Pa., 
alleging that the article had been shipped from North Wilkesboro, N. C., on 
or about June 20, 1924, and transported from the State of North Carolina 
into the State of Pennsylvania, and charging misbranding in violation of the 
food and drugs act as amended. A portion of the article was labeled in 
part: " Our Special Brand * * * Made * * * by the Laurel Cream- 
ery Company, North Wilkesboro, N. C." The remainder of the said article 
was labeled in part: " Blue Ridge Valley Butter * * * Wilkes Co- 
operative Creamery North Wilkesboro, N. C."
Misbranding of the article was alleged in substance in the libels for the 
reason that the packages inclosing the article contained labels which bore 
statements regarding the said article which were false and misleading in 
that the said statements represented that the packages contained 1 pound 
of butter, or 1 pound net weight of butter, as the case might be, whereas 
in fact they did not. 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 August 8, 1924, the Wilkes Co-Operative Creamery Co. having ap- 
peared as claimant for the property, judgments of condemnation and for- 
feiture were 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 bonds in the aggregate sum of $320, in conformity with 
section 10 of the act, conditioned in part that the product be reworked under 
the supervision of this department.
HOWARD M. GORE, Secretary of Agriculture.