16498. Misbranding of Butter.    U. S. v. 100 Cases, et al., of Butter.    Decree-
of condemnation entei'ed.     Product released under bond.     (F. & D.
No. 23812.    I. S. Nos. 010, 07805.    S. No. 1891.)
On April 10, 1929, 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 100 cases and 15 boxes of butter, remaining in the original 
unbroken packages at San Francisco, Calif., alleging that the article had 
been shipped from Portland, Oreg., April 4, 1929, by the Armour Creameries,, 
and transported from the State of Oregon into the State of California, and 
charging misbranding in violation of the food and drugs act as amended. A 
portion of the articles was labeled in part: (Cases) " CB 1/4 Pounds;" (car- 
tons) " One Pound Net Weight Armour's Cloverbloom Pasteurized Creamery 
Butter." The remainder of the said article was labeled in part:'(Boxes) 
"Plain Vi Parch Armour & Co. S. F. Churn F. 3;" (wrappers) "Net Wt. 
Four Ounces."
It was alleged in the libel that the article was misbranded in that the state- 
ments " One Pound Net Weight" and " Net Wt. Four Ounces," with respect 
to a portion of the product, and "Net Wt. Four Ounces," with respect to the- 
remainder thereof, were false and misleading and deceived and misled 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 April 15, 1929, Armour & Co., San Francisco, Calif., having appeared 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 $3,500, conditioned in part that it be reworked under the supervision of this . 
Apartment.
ARTHUR M. HYDE, Secretary of Agriculture.