17143. Misbranding of butter.    IT. S. v. 10 Cases of Butter.    Decree of con 
demnation  and  forfeiture.    Product  released  under  bond.     (F.   &  D.
No. 24363.    I. S. No. 021620.    S. No. 2356.)
On or about September 25, 1929, the United States attorney for the Southern 
District of Florida, 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 ten 30-pound cases of butter, remaining in the 
original unbroken packages at Jacksonville, Fla., alleging that the article had 
been shipped by the Greenwood Creamery Co., from Greenwood, S. C, Septem- 
ber 19, 1929, and transported from the State of South Carolina into the State 
of Florida, and charging misbranding in violation of the food and drugs act as 
amended. The article was labeled in part: (Carton) " Sweet Clover Creamery 
Butter * * * One Pound * * * Manufactured for Smith, Richardson 
& Conroy, Inc., Jacksonville, Fla."
It was alleged in the libel" that the article was misbranded in that the state- 
ment on the package, " One Pound," was false and misleading and tended to 
deceive and mislead the purchaser, since the packages did not contain 1 pound. 
Misbranding was alleged for the further reason that the article was in package 
form and did not bear a statement of the quantity of the contents plainly and 
conspicuously marked on the outside of the package, since the said packages 
were short weight.
On September 27, 1929, the Greenwood Creamery Co., Greenwood, S. C, hav- 
ing, appeared as claimant for the property and having admitted the allega- 
tions of the libel, judgment of condemnation and forfeiture was entered, and 
it was ordered by the court that the product be released to the said claimant 
upon the execution of a bond in the sum of $150, conditioned in part that it 
be reworked so that each package contain 16 ounces net weight of butter.
ARTHTJB M. HYDE, Secretary of Agriculture.