53048.  Misbranding of butter.    TJ. S. v. 14 Boxes of Butter.    Consent decree 
of  condemnation  and  forfeiture.     Product  released  under bond.
(F. & D. No. 20277.    I. S. No. 6029-x.    S. No. B-5401.)
On July 10, 1925, the United States attorney for the Eastern District of Penn- 
sylvania, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying the seizure and 
condemnation of 14 boxes of butter, remaining in the original unbroken pack- 
ages at Philadelphia, Pa., consigned by the Mid-West Butter Co., St. Joseph, 
Mo., alleging that the article had been shipped from St. Joseph, Mo., on or about 
June 30, 1925, and transported from the State of Missouri into the State of 
Pennsylvania, and charging misbranding in violation of the food and drugs 
act as amended. The article was labeled in part: (Carton) "A. B. W. Cream- 
ery Butter * * * Manufactured By A. B. W. Middle West Creameries One 
Pound Net." (wrapper) "Net Weight One Quarter Pound."
Misbranding of the article was alleged in substance in the libel in that the 
statements " One Pound Net" on the cartons and " Net Weight One Quarter 
Pound " on the wrappers were false and misleading. Misbranding was alleged 
for the further reason that the article was food in package form and the quan- 
tity of the contents was not plainly and conspicuously marked on the outside 
of the packages, since the statement made was not correct.
On July 11, 1925, A. Wachs, Philadelphia, Pa., having appeared as claimant 
for the property and having consented to the entry of a decree, 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 that it be relabeled under the supervision 
of this department.
R. W. DUNLAP, Acting Secretary of Agriculture.   v