13730. Misbranding of butter. TJ. S. v. 160 Cases of Butter. Consent de- 
cree of condemnation and forfeiture. Product released under 
bond.     (F. & D. No. 17725.    I. S. No. 7111-v.    S. No. C-4105.)
On August 16, 1923, the United States attorney for the Eastern District of 
Louisiana, 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 160 cases of butter, remaining in the original unbroken 
packages at Baton Rouge, La., alleging that the article had been shipped by 
Swift & Co., from Enid, Okla., August 6, 1923, and transported from the State 
of Oklahoma into the State of Louisiana, and charging misbranding in viola- 
tion of the food and drugs act as amended. The article was labeled in part: 
(Carton) "Brookfield Creamery Butter 1 Lb. Net Weight Swift & Company, 
Distributor";   (ease)  "32 Lbs. Brookfield Creamery Butter."
Misbranding of the article was alleged in the libel for the reason that .the 
statements on the respective labels, " 32 Lbs.*' and " 1 Lb. Net Weight." 
were false and misleading and deceived and misled the purchaser. Misbrand- 
ing 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 thereof.
On September 29, 1923, Swift & Co., claimant, 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 bond in 
the sum of $1,800, in conformity with section 10 of the act.
HOWARD M. GORE, Secretary of Agriculture.