12677. Misbranding of butter.     IT. S. v. 15 Gases of Creamery Butter.     Con 
sent decree of condemnation and forfeiture. Product released 
under bond.     (F. & D. No.  18385.    I.  S. No. 7293-v.    S. No.  C-4285.)
On February 12, 192.4, the United States attorney for the Northern District 
of Alabama, 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 15 cases of creamery butter, at Birmingham, 
Ala., alleging that the article had been shipped by the New Albany Creamery 
Co., from New Albany, Miss., on or about February 8, 1924, and transported 
from the State of Mississippi into the State of Alabama, and charging mis- 
branding in violation of the food and drugs act as amended. The article 
was labeled in part: (Carton) " Sunshine Creamery Butter One Lb. Net New 
Albany  Creamery Co., New Albany, Miss."
Misbranding of the article was alleged for the reason that the statement 
" One Pound Net" 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 March 29, 1924, the New Albany Creamery Co., New Albany, Miss., 
claimant, having admitted the allegations of the libel and consented to the 
entry of a decree, and the claimant having executed a bond in the sum of 
?$600, conditioned that the product be brought up to the declared net weight, 
judgment of condemnation and forfeiture was entered, and it was ordered 
by the court that it be released to the said claimant upon payment of the costs 
of the  proceedings.
HOWAED M. GOEE, Secretary of Agriculture.