14388. Misbranding of butter. U. S. v. 3 Cases of Butter. Consent decree 
of  condemnation   and   forfeiture.     Product   released  under  bond.
(F. & D. No. 21082.    I. S. No. 704-x.    S. No. W-1969.) ,
On or about April 24, 1926, the United States attorney for the Southern Dis- 
trict of California, acting upon a report by the Secretary of Agriculture, filed 
in the District Court of the United States for said district a libel praying seiz- 
ure and condemnation of 3 cases, each containing 60 pounds, of butter, remain- 
ing in the original unbroken packages at Los Angeles, Calif., alleging that on 
or about April 23, 1926, the article had been delivered for shipment inJnterstate . 
commerce from the State of California to the Territory of Hawaii, by the E. L. 
Thomson Co. Inc., Los Angeles, Calif., and charging misbranding in violation 
sf the food and drugs act as amended. The article was labeled in part: 
(Carton) "Pasteurized Clover Glen Brand Butter E. L. Thomson Co. Inc. Net 
Weight 16 Oz."
Misbranding of the article was alleged in the libel for the reason that the 
statement " Net "Weight 16 Oz.," borne on the labels, was false and misleading 
ind deceived and misled the purchaser, and for the further reason that it was 
k>od in package form and the quantity of the contents was not plainly and 
conspicuously marked on the outside of the packages, since the quantity stated 
vas not correct.
On May 5, 1926, the E. L. Thomson Co., Inc., Los Angeles, Calif., claimant, 
laving admitted the allegations of the libel and having consented to the entry 
)f a decree, judgment of condemnation and forfeiture was entered, and it was 
>rdered 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 
;um of $125, in conformity with section 10 of the act, conditioned in part that 
t be relabeled in a manner satisfactory to this department.
W. M. JARDINE, Secretary of Agriculture.