13148. Misbranding: of butter.    TJ. S. v. 1C Cases of Butter.     Decree of con 
demnation and forfeiture.     Product released under bond.     (F. & D
No.  19864.     I.  S.  No.  16295-v.     S.  No.  E-5145.)
On February 21, 1925, the United States attorney for the Northern District 
of Georgia, 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 16 cases of butter, remaining in the original unbroken 
packages at Atlanta, Ga., alleging that the article had been shipped by Armour 
Creameries, from Louisville, Ky., on or about January 21, 1925, and trans- 
ported from the State of Kentucky into the State of Georgia, and charging mis- 
branding in violation of the food and drugs act as amended. The article was 
labeled in part: (Case) "32 Lbs. Net. 32," (carton) "1 Pound Net Weight 
Greenfield Creamery Butter."
Misbranding of the article was alleged in the libel for the reason that the 
statement " 1 Pound Net Weight," borne on the cartons containing the article, 
and the statement "32 Lbs. Net Weight," borne on the cases, were false and 
misleading and deceived and misled the purchaser into the belief that each 
of the said cartons contained 1 pound net of butter and that each of said 
cases contained 32 pounds net of butter, whereas, in truth and in fact, the 
said cartons contained less than 1 pound of butter, and the said cases con- 
tained less than 32 pounds of butter. Misbranding was alleged for the 
further reason that the article was food in package form and the contents of 
the packages were not plainly and conspicuously marked on the outside thereof.
On February 27, 1925, Morris & Co. having appeared as claimant for the 
property, 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 $300, in conformity with section 10 of the act, conditioned in part that it 
be relabeled to show the correct weight.
R. W. DUNLAP, Acting Secretary of Agriculture.