16465. Misbranding of oleomargarine.    U. S. v. 150 Cases of Oleomargarine.
Product   adjudged  misbranded   and   released   under   bond.      (P.   &   D.
No. 23596.    I. S. No. 07873.    S. No. 1843.)
On or about April 8, 1929, the United States attorney for the District of 
Idaho, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for said district a libel praying seizure and 
condemnation of 150 cases of oleomargarine, remaining in the original unbroken 
packages at Boise, Idaho, alleging that the article had been shipped by Swift 
& Co., from Portland, Oreg., on or about March 25, 1929, and transported from 
the State of Oregon into the State of Idaho, and charging misbranding in vio- 
lation of the food and drugs act as amended. The article was labeled in 
part: (Carton) "Gem-Nut Margarine 1 Pound Net Oleomargarine * * * 
Manufactured by Swift & Company."
It was alleged in substance in the libel that the article was shipped in inter- 
state commerce in violation of paragraphs 2 and 4 of section 8 of said act 
in that the cartons were short weight, and the statement " One Pound Net" 
on the label, was false and misleading and deceived and misled the purchaser. 
Further violation of the act was alleged in that the article was food in pack- 
age form and failed to bear a plain and conspicuous statement of the quantity 
of the contents.
On April 19, 1929, Swift & Co., having appeared as claimant for the property, 
a decree was entered adjudging the product misbranded in respect to the weight 
of the contents, and it was ordered by the court that the said product be 
released to the claimant upon payment of costs.
ARTHUE M. HYDE, Secretary of Agriculture.