13534. Misbranding: of butter.    IT. S. v. 10 Cases of Butter.    Consent decree
of condemnation and  forfeiture.     Product  released  under bond.
(F. & D. No. 20028.    I. S. No. 9496-v.    S. No. C-4697.)
On February 19, 1925, the United States attorney for the Middle District of 
Alabama, 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 10 cases, containing 298 pounds, of butter, remaining in 
the original unbroken packages at Montgomery, Ala., alleging that the article 
had been shipped by the Southern Creameries, Inc., Nashville, Tenn., Febru- 
ary 16, 1925, and transported from the State of Tennessee into the State of 
Alabama, and charging misbranding in violation of the food and drugs act as 
amended. The article was labeled in part: (Retail package) "One Pound Net 
Weight."
Misbranding of the article was alleged in the libel for the reason that the 
statement on the packages " One Pound Net Weight" was false and mislead- 
ing and deceived and misled the purchaser and in that the quantity of the con- 
tents was not plainly and conspicuously marked on the outside of the package.
On March 14, 1925, Morris & Co., claimant, having admitted the allegations 
of the libel and having consented to the entry of a decree, judgment of con- 
demnation and forfeiture was entered, and it was ordered by the court that 
the product be released to the claimant upon the execution of a bond in the 
sum of $125, in conformity with section 10 of the act, conditioned in part that 
the product be repacked and reworked to the satisfaction of this department 
and that thejsaid claimant pay the costs of the proceedings.
R. W. DUNLAP, Acting Secretary of Agriculture.