16746. Misbranding of butter.    V. S. v. 84 Cases of Butter.     Consent decree
of   condemnation   and  forfeitux-e.     Product   released  under  bond.
(F. & D. No. 24019.     I. S. No. 03716.     S. No. 2154.)
On July 23, 1929, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed iii the District 
Court of the United States for said district a libel praying seizure and con- 
demnation   of  84  cases   of  butter  at   Jersey   City,   N.   J.,   alleging  that   the
article had been transported by the Eagle Grocery Co., Jersey City, N. J. 
from the premises of J. R. Kramer (Inc.), New York, N. Y., on or about 
July 19, 1929, and transported from the State of New York into the State of 
New Jersey, and charging misbranding in violation of the food and drugs act 
as amended. The article was labeled in part: " The Eagle Grocery Company, 
finest Creamery Butter    *    *    *    One Pound Net."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, "One Pound Net," was false and misleading and deceived 
and misled the purchaser, and in that it was food in package form and the 
quantity of contents was not plainly and conspicuously marked on the outside 
of the package, since the statement " One Pound Net" was incorrect.
On July 26, 1929, the Eagle Grocery (Co.), Jersey City, N. J., claimant, 
having admitted the allegations of the libel and having consented that a decree 
be entered condemning and forfeiting the product, judgment was entered order- 
ing that the said product be released to the claimant upon payment of costs and 
the execution of a bond in the sum of $700, conditioned in part that it be re- 
printed in full quarter-pound sections and packed in full 1-pound packages.
ABTHXJR M. HYDE, Secretary of Agriculture.   .