13196. Misbranding-   of  butter.     U.   S.  v.  12   Cartons   of  Butter.    Decree   of
condemnation    and    forfeiture.     Product    released    under    bond.
(F. & D. No. 19839.    I. S. No. 17409-v.    S. No. E-5159.)
On February 16, 1925, the United States attorney for the District of Mary- 
land, 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 con- 
demnation of 12 cartons, each containing 50 pounds, of butter, remaining in 
the original unbroken packages at Baltimore, Md., alleging that the article 
had been shipped by H. Christians, from Chicago, Ill., February 10, 1925, and 
transported from the State of Illinois into the State of Maryland, and charging 
misbranding in violation of the food and drugs act as amended. The article 
was contained in cartons labeled in part: " One Pound Net Weight" and con- 
sisted of quarter-pound prints enclosed in parchment wrappers labeled in part: 
" 4 Oz. Net Weight."
Misbranding of the article was alleged in the libel for the reason that the/ 
statements on the carton and wrapper, respectively, " One Pound Net Weight" 
and " 4 Oz. Net Weight" were false and misleading and deceived and misled 
the purchaser. Misbranding 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 of the package.
On March 13, 1925, the H. C. Christians Co., Johnson Creek, Wis., having 
appeared as claimant for the property and having admitted the material alle- 
gations of the libel, judgment of condemnation and forfeiture was entered, 
and it was ordered by the court that the product be released to the said claim- 
ant 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 not be sold or disposed of until properly labeled to show the true 
contents.
R. W. DUNLAP, Acting Secretary of Agriculture.