16040. Misbranding of butter. IT. S. v. 39 Cases of Armour's Clovcrbloom, 
et al. Consent decree of condemnation and forfeiture. Product 
released under bond. (F. & D. No. 22980. I. S. Nos. 051, 052. S. No. 
966.)
On July 6, 1928, the United States attorney for the Northern District 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 seizure and 
condemnation of 166 cases of butter, remaining in the original unbroken pack- 
ages at San Francisco, Calif., alleging that the article had been shipped by 
the Armour Creameries, from Miles City, Mont., June 22, 1928, and transported
from the State of Montana into the State of California, and charging mis- 
branding in violation, of the food and drugs act as amended. The article was 
labeled, variously, in part: (Retail packages) " One Pound Net Weight, 
Armour's Oloverbloom Pasteurized Creamery Butter;" " Pasteurized Net 
Weight One Pound, Highest Grade Oloverbloom Brand Creamery Butter, Dis- 
tributed by Armour & Co.;" " Net Weight Two Pounds,. Highest Grade Clover- 
bloom Brand Creamery Butter, Distributed by Armour & Co.; " " Net Weight 
Four Ounces Made. from. Fancy. Pasteurized Cream; " " 1 Lb. Net Weight. This 
butter is made from pure pasteurized cream."
Misbranding was alleged in the libel for the reason that the statements, 
"One Pound Net Weight," "Net. Weight One Pound," "Net Weight Two 
Pounds," "Net Weight Four Ounces," and "1 Lb. Net Weight," as the case 
might be, borne on the labels, were false and misleading and deceived and 
misled the purchaser, since the packages contained less than the declared quan- 
tity. Misbranding was alleged for the further reason 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, since the quantities stated 
were not correct.
On July 10, 1928, Armour & Co., having appeared as claimant for the prop- 
erty 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 $5,000, conditioned in part that it 
be made to conform with the provisions of the Federal food and drugs act 
under the supervision of this department.
AETSXJK M. HYDE, Secretary of Agriculture.