16728. Misbranding of butter. TJ. S. v. Twenty 32-Pound Cartons, eit al., of 
Butter. Consent decree of condemnation and forfeiture. Prod- 
uct released under bond. (F. & D. No. 24138. I. S. No. 021084. S. No. 
2265.)
On August 29, 1929, the United States attorney for the District of New 
Jersey, 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 twenty 32-pound cartons and eighteen 12-pound cartons of butter 
at Paterson, N. J., alleging that the article had been transported in interstate 
commerce from the premises of Abe Jaffee, New York, N. Y., to the premises 
of D. Fullerton & Co., Paterson, N. J., in a truck owned and operated by said 
D. Fullerton & Co., and charging misbranding in violation of the food and drugs 
act as amended. The article was labeled in part: " Special Creamery Butter, 
D. Fullerton & Co., Paterson, N. J., 1 Pound Net Weight."
It was alleged in the libel that the article was misbranded in that the 
statement on the label, " One Pound Net," was false and misleading and 
deceived and misled the purchaser, and in 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 statement "One Pound Net" 
was incorrect.
On September 9, 1929, D. Fullerton & Co., Paterson, N. J., claimant, having 
admitted the allegations of the libel and having consented that a decree be 
entered condemning and forfeiting the property, judgment was entered order- 
ing that the product be released to the said claimant upon payment of costs 
and the execution of a bond in the sum of $500, conditioned in part that it be 
reprinted into full quarter-pound sections and packed in full 1-pound packages.
ARTHUR M. HYDE, Secretary of AffricuUure.