16009. Misbranding  of butter.   TT.   S.  v.  HO  Cases  of Butter.     Decree  of  con 
demnation, and forfeiture entered      Product released under bond.
(F. & D. No. 23129.    I. S. Nos. 0838, 0839, 0840.    S. No. 1194.)
On or about September7, 1928, the United States attorney for the Eastern 
District of Louisiana, 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 110 cases of butter, remaining in the original unbroken 
packages at New Orleans, La., alleging that the article had been shipped by the 
Manning Creamery Co., from Manning, Iowa, on or about August 2, 1928, and 
transported from the State of Iowa into the State of Louisiana, and charging 
misbranding in violation of the food and drugs act as amended. A portion of 
the article consisted of plain wrapped quarters labeled (shipping carton) 
"Quarters," and invoiced "25-30# Boxes %#. P. W." A portion of the article 
consisted of plain wrapped solids labeled (shipping carton) "1 Lb. Solids." 
A portion of the article consisted of quarters labeled (shipping carton) " Quar- 
- ters," (retail carton) " Pfeifer's Elegant Creamery Butter Quarter Prints One 
Pound Net Farmers Co-Operative Creamery Co."
It was alleged in the libel that the article was misbranded in that the state- 
ment " Quarters," with respect to the plain wrapped quarters, the statement " 1 
Lb. Solids," with respect to the plain wrapped solids, and the statements 
" Quarters " and " One Pound Net," with respect to the " Elegant Brand," were 
false and misleading and deceived and misled the purchaser, and in that the 
article was food in package form and the quantity of the contents was not 
plainly and conspicuously marked on the outside of the packages, and in that 
the quantities stated on the said packages were not correct.
On September 14, 1928, Gerde, Newman & Co., New Orleans, La., having ap- 
peared as claimant for the property, 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 costs and the execution of a bond in the 
sum of $2,000, conditioned in part that it be repacked, and should not be used 
or disposed of without having been inspected by a representative of this 
department.
ARTHUR M. HYDE, Secretary of Agriculture.