^3019. Misbranding of butter. V. S. v. 147 Pounds, et al., of Butter. Judg- 
ments of the Government. Product ordered released to claimant 
to be repacked and correctly labeled. (F. & D. Nos. 18408, 18424. 
I. S. Nos. 7314-v, 7324-v.    S. Nos. C-4294, C-4303.)
On February 21 and 26, 1924, respectively, the United States attorney for 
the Southern District of Alabama, acting upon reports by the Secretary of 
Agriculture, filed in the District Court of the United States for said district 
libels praying the seizure and condemnation of 9 cases and 147 pounds of 
butter, at Mobile, Ala., alleging that the article had been shipped by P. 
Graham, Inc., from New Orleans, La., in part February 6 and in part Feb- 
ruary 20, 1924, and transported from the State of Louisiana into the State 
of Alabama, and charging misbranding in violation of the food and drugs, 
act as amended. The shipping cases containing the article were labeled in 
part: " P. Graham Inc., Mobile, Ala."
Misbranding of the article was alleged in the libels for the reason that the 
following statements, appearing on the cartons containing the article, " One 
Pound Net Special Creamery Butter, The Creamery Company," were false 
and misleading and deceived the purchaser, in that the net weight of the 
butter contained in the said cartons was less than 1 pound. Misbranding 
was alleged for the further reason that the article was1 food in package form 
and the net contents thereof was not plainly and conspicuously marked on 
the outside of the carton.
On March 14, 1924, P. Graham, Inc., New Orleans, La., having appeared as 
claimant for the property, judgments were entered for the Government, 
and it was ordered by the court that the product be released to the said 
claimant, that it be repacked and correctly marked with the net contents 
thereof, and that the claimant pay the costs of the proceedings.
W. M. JAEDINE, Secretary of Agriculture.