12733. Misbranding: of butter.     V. S. v. S3 Gases of Butter.     Consent decree
of  condemnation  and  forfeiture.    Product  released   nnder  bond.
(F. & D. No. 17581.    I. S. No. 6847-v.    S. No. C-4658.)
On July 5, 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 83 cases, each containing 30 pounds of butter, at New 
Orleans, La., alleging that the article had been shipped by the Meshoba County 
Creamery, from Philadelphia, Miss., in part on or about June 11, 1923, and in 
part on or about June 18, 1923, and transported from the State of Mississippi 
into the State of Louisiana, and charging misbranding in violation of the food 
and drugs act as amended. The article was labeled in part: (Case) "Neshoba 
County Creamery Philadelphia, Mississippi. This Package Contains 30 lbs. 
Butter"; (carton) "State Mississippi Brand Butter This butter * * * 
manufactured by * * * Mississippi Creameries Co-operative Association 
*    *    *   This package contains 16 ounces net weight when packed."
Misbranding of the article was alleged in the libel for the reason that the 
labeling bore the statements, (case) "This Package Contains 30 lbs. Butter." 
(carton) "This package contains 16 ounces net weight when packed," which 
statements were false and misleading and deceived and misled the purchaser. 
Misbranding was alleged for the further reason that the article was in packed 
fpackage] form and the quantity of the contents was not plainly and conspicu- 
ously marked on the outside thereof.
On August 30, 1923, L. Frank & Co., New Orleans, La., 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 bond in the sum of $1,000, 
in conformity with section 10 of the act.
HOWARD M. GORE, Secretary of Agriculture.