17341. Misbranding of butter.     IT.   S. v.  324  Packages  of  Butter.     Decree  of 
condemnation and forfeiture.    Product released under bond.     (F. &
D. No. 24668.    I. S. No. 022531.    S. No. 2752.)
On or about January 30, 1930, the United States attorney for the District of 
Montana, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the Unted States for said district a libel praying seizure and 
condemnation of three hundred and twenty-four 1-pound packages of butter, 
remaining in the original unbroken packages at Butte, Mont., alleging that the 
article had been shipped by the American Packing & Provision Co., Ogden, Utah, 
on or about January 6, 1930, and transported from the State of Utah into the 
State of Montana, and charging misbranding in violafon of the food and drugs 
act as amended. The article was labeled in part: (Wrapper) "Fresh Cream- 
ery Butter American Packing & Provision Co., Ogden, Utah.   One Pound."
It was alleged in substance in the libel that the article was misbranded in 
that the statements on the label were false and misleading and deceived and 
misled the purchaser, s'nce the packages contained less than 1 pound of the 
said article. Misbranding was alleged for the further reason that the wrapper 
bore a statement regarding the contents therein contained which was false and 
misleading in that the said label represented that the contents thereof we'ghed 
not less than 1 pound, whereas the said contents weighed less than 1 pound. 
Misbranding was alleged for the further reason that the quantity of the 
contents was not marked on the outside of the packages.
On February 8, 1930, M. J. Fitzpatr'ck, Butte, Mont., 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 $300, conditioned in part that it be reworked under the supervision of this 
department.
ARTHUR M. HYDE, Secretary of Agriculture.