32675. Misbi-anding of butter. U. S. v. 10 Cases of Butter. Consent decree 
of  condemnation  and forfeiture.    Product  released  under bond.
(F. & D. No. 18972.    I. S. No. 20173-v.    S. No. W-1550.)
On or about August 13, 1924, the United States attorney for the Northern 
District of California, 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 10 cases of butter, remaining in the original 
unbroken packages at San Francisco, Calif, (returned to San Francisco, Calif., 
from Honolulu), alleging that the article had been shipped by the Western Meat 
Co., from San Francisco, Calif., July 29, 1924, and transported from the State of 
California into the Territory of Hawaii, and charging misbranding in viola- 
tion of the food and drugs act as amended. The article was labeled in part: 
(Wrapper) " Parkdale Brand Creamery Butter Pasteurized 1 Pound Net 
Weight Distributed by Western Meat Co. San Francisco."
Misbranding of the article was alleged in the libel for the reason that the 
statement " 1 Pound Net Weight" was false and misleading and deceived and 
misled the purchaser, 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 package.
On September 16, 1924, the Western Meat Co., San Francisco, Calif., having 
appeared as claimant for the property and having 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 good and suffi- 
cient bond, in conformity with section 10 of the act, conditioned in part that 
it be made to comply with the provisions of the law under the supervision of 
this department.
HOWARD M. GORE, Secretary of Agriculture.