15337. Misbranding of butter. U. S. v. 60 Cases of Butter. Consent decree 
of  condemnation  and  forfeiture.     Product  released   under  bond.
(F. & D. No. 20981.    I. S. No. 5621-x.    S. No. E-5385.)
On March 11, 1926, the United States attorney for the Western District of 
New York, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying seizure and 
condemnation of 60 cases of butter, remaining in the original unbroken pack- 
ages at Buffalo, N .Y., consigned by the Minnesota Cooperative Creameries 
Assoc, Inc., St. Paul, Minn., alleging that the article had been shipped from 
St. Paul, Minn., February 27, 1926, and transported from the State of Minne- 
sota into the State of New York, and charging misbranding in violation of the 
food and drugs act as amended. A portion of the product was labeled in part: 
(Carton) "Brand * * * Minnesota Cooperative Creameries Assn. Inc. St. 
Paul, Minnesota." The remainder of the said article was labeled in part: 
(Carton) "One Pound Net Weight * * * Butter." The wholesale packages 
containing the article were labeled in part: (Side) " 30 Pounds Of Butter," 
\ (one end) " For greater purity * * * Brand Heathized ,for better health," 
(other end) " Heathized 1 Lb."
It was alleged in the libel that the article was misbranded, in that part of 
the cartons were in package form and the quantity of the contents was not
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plainly and conspicuously marked on the outside of the package, and the 
remainder of the said cartons were further misbranded in that they were in 
package form and the quantity of the contents was not plainly and conspicu- 
ously marked on the outside of the package, since the statement made was,not 
correct. M.sbranding was alleged for the further reason that the package or 
label bore the statement " One Pound Net Weight," which was false and mis- 
leading arrd deceived and misled the purchaser.
On March 17, 1926, the Minnesota Cooperative Creameries Assoc, Inc., Minne- 
apolis, Minn., having appeared as claimant for the property and having con- 
sented to the entry of a decree, judgment of condemnation 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 $900, conditioned in part that it be relabeled and placed in such condi- 
tion that it might be sold without violating the law.
W. M. JABDINE, Secretary of Agriculture.