10064. Misbranding- of butter. U. S. v. 49 Cases of Butter. Consent decree 
of  condemnation  and  forfeiture.    Product  released  under  bond.
(F. & D. No. 23073.    I. S. No. 062.    S. No. 1049.)
On July 24, 1928, the United States attorney for the Northern District of Cali- 
fornia, 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 con- 
demnation of 49 eases of butter, remaining in the original unbroken packages at 
San Francisco, Calif., alleging that the article had been shipped by Swift & Co., 
from Weiser, Idaho, on or about July 10, 1928, and transported from the State 
of Idaho into the State of California, and charging misbranding in violation 
of the food and drugs act as amended. The article was labeled in part: (Wrap- 
per ) " Brookfield Pasteurized Creamery Butter * * * Distributed by Swift 
& Company,    *    *    *    Chicago,    *    *    *   2 Lbs. Net Weight."
It was alleged in the libel that the article was misbranded in that the state- 
ment " 2 Lbs. Net Weight" was false and misleading and deceived and mislea 
the purchaser, since the packages contained lesser quantities. 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 package, since the quantity stated was not correct.
On August G, 1928, Swift & Co., Chicago, Ill., having appeared as claimant for 
the property and having consented to the entry of a decree, judgment of con- 
demnation 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 execu- 
tion of a bond in the sum of $829, conditioned in part that it be made to conform 
with the law under the supervision of this department.
AKTHUK M. HYDE, Secretary of Agriculture.