16492. Misbranding of butter.    U. S. v. 309 Cases, et al., of Butter.    Consent-
decrees of condemnation and forfeiture. Product released under- 
bond. (F. & D. Nos. 23030, 23036, 23037. I. S. Nos. 026, 027, 029, 030, 031, 
032, 057, 058.    S. Nos. 982, 1018, 1033.)
On July 16 and July 25, 1928, respectively, the United States attorney for the- 
Northern District of California, acting upon reports by the Secretary of Agri- 
culture, filed in the District Court of the United States for said district libels 
praying seizure and condemnation of 480 cases of butter, remaining in the 
original unbroken packages at San Francisco, Calif., alleging that the article had. 
been shipped from Miles City, Mont., by the Armour Creameries, in part on 
June 30, 1928, and in part on July 4, 1928, and had been transported from the 
State of Montana into the State of California, and charging misbranding in, 
violation of the food and drugs act as amended.    The article was contained 
in  cartons   or  wrapped   in  parchment  wrappers  labeled  in  part,   variously: 
"Armour's Cloverbloom Pasteurized Creamery Butter," "Armour's Cloverbloom. 
*    *    *    Creamery   Butter,"   "Highest   Grade   Cloverbloom   Brand   Creamery 
Butter," " Made from Fancy Pasteurized Cream," " This butter is made from, 
pure pasteurized cream," "Another Morris Delicacy Supreme    *    *    *    Morris 
& Company-Distributors," and " Morris' Supreme Pasteurized Creamery But- 
ter."    The said cartons and wrappers were further labeled with statements of 
the weight of the contents thereof, " One Pound Net Weight," " Two Pounds Net 
Weight, etc."
It was alleged in the libels that the article was misbranded in that the state- 
ments, " One Pound Net Weight," " Two Pounds Net Weight," " Net Weight One- 
Pound," " Net Weight Two Pounds," " 1 Lb. Net Weight," " 2 Lbs. Net Weight," 
and "4 Ozs. Net Weight," as the case might be, borne on the labels, were false- 
and  misleading  and   deceived  and  misled the purchaser.     Misbranding  was 
alleged for the further reason that the article was food in package form and 
the quantity of contents was not plainly and conspicuously marked on the- 
outside of the package, since the quantities stated on the various labels were 
incorrect.
On July 19,1928, and July 28, 1928, respectively, Armour & Co., San Francisco,. 
Calif., having appeared as claimant for the property and having consented to- 
the entry of decrees, judgments of condemnation and forfeiture were 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 bonds totaling $12,000, conditioned, 
in part that it be made to conform to and with the provisions of the Federal:, 
food and drugs act under the supervision of this department.
ARTHUR M. HYDE, Secretary of Agriculture.