14121. Adulteration and misbranding of butter.    V. S. v.  18 Cases and 13
Cases of Butter. Consent decrees of condemnation and forfeiture. 
Product released under bond. (F. & D. Nos. 20384. 20406. I. S. Nos. 
5717-x, 5718-x, 5720-x.    S. Nos. E-5382, E-5383.) 
,
On August 20 and 27, 1925, respectively, the United States attorney for the 
Western District of Pennsylvania, 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 31 cases of butter, remaining 
in the original unbroken packages at Pittsburgh, Pa., alleging that the article 
had been shipped by the Paul A.  Schulze Co., from  St. Louis,  Mo.,  in part
on or about August 8, 1925, and in part on or about August 15, 1925, and 
transported from the State of Missouri into the State of Pennsylvania, and 
charging adulteration and misbranding in violation of the food and drugs 
act as amended. A portion of the article was labeled in part: (Retail 
package)   " One Pound Net.    Mountain Grove Brand Fancy Creamery Butter
1 Lb. Net. * * * Net Weight One Pound. The contents of this package 
weighed one pound when packed.*' The remainder of the said article was 
labeled:   (Retail package) " Park View Farms Creamery Country Roll    *   *   *
2 Lbs. Net."
Adulteration of the article was alleged in the libels for the reason that a 
substance deficient in butterfat had been mixed and packed therewith so as 
to reduce or lower or injuriously affect its quality or strength and had 
been substituted wholly or in part for the said article.
Misbranding was alleged for the reason that the article was an imitation 
of or offered for sale under the distinctive name of another article. Mis- 
branding was alleged with respect to the alleged 1 pound packages of the 
product for the further reason that the statements, " One Pound Net," " 1 Lb. 
Net," "Net Weight One Pound," and "The contents of this package weighed 
one pound when packed," borne on the label, were false and misleading and 
deceived and misled the purchaser, and for the further reason that it was 
food in package form and the quantity of the contents was not plainly and 
conspicuously marked on the outside of the package, since the quantity stated 
was not correct.
On January 15, 1926, the Paul A. Schulze Co., St. Louis, Mo., claimant, 
having admitted the allegations, of the libels and having consented to the entry 
of decrees, judgments of condemnation and forfeiture were entered, and it 
was ordered by the court that the product be released to the said claimant 
upon the execution of good and sufficient bonds, conditioned in part that it 
be reworked, relabeled, or repacked under the supervision of this department 
and that the claimant
, pay the costs of the proceedings.
R. W. DUNLAP, Acting Secretary of Agriculture.