12774. Misbranding of butter.     V. S. v. 3 Cases of Butter.     Consent decree
of  condemnation  and  forfeiture.     Product  released  under  bond.
(F. & D. No. 1898S.    I. S. No. 20174-v.    S. No. W-1547.)
On August 8, 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 three cases of butter at San Francisco, Calif., alleging that 
the article had been shipped by the Western Meat Co., from San Francisco, 
Calif., July 26, 1924, and transported from the State of California into the 
Territory of Hawaii (returned by the consignor to San Francisco), and charg- 
ing misbranding in violation of the food and drugs act as amended. The article 
was labeled in part: (Carton) " Parkdale Brand Creamery Butter 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 falseand misleading and deceived and 
misled the purchaser, and for the further rea'son 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 October 8, 1924, the Western Meat Co., San Francisco, Calif., claimant, 
having consented to the entry of a decree, judgment of condemnation and for- 
feiture was entered, and it was ordered by the court that the product be re- 
leased to the said claimant upon payment of the costs of the proceedings and the 
execution of a bond in the sum of $100, in conformity with section 10 of the act, 
conditioned in part that it be brought into compliance with the law under the 
supervision of this department.
HOWAJRD M. GORE, Secretary of Agriculture.