3.8795. Misbranding of butter. U. S. v. 50 Cases of Butter. Consent decree 
of condemnation and forfeiture entered. Product released under 
bond.    (F. & D. No. 27121.    I. S. No. 12949.    S. No. 4962.)
Samples of butter from the shipment herein described having been found to 
be short weight, the Secretary of Agriculture reported the matter to the United 
States attorney for the Northern District of California. 
On June 13, 1931, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 50 cases of butter, remaining in the original unbroken packages 
at San Francisco, Calif., alleging that the article had been shipped by Swift 
& Co., from Portland, Oreg., on June 6, 1931, and had been transported from the 
State of Oregon into the State of California, and charging misbranding in 
violation of the food and drugs act as amended. The article was labeled in 
part: (Wrappers) "Glenwood Creamery Butter Distributed by Swift & Com- 
pany, General Office; Chicago, U. S. A., Pasteurized 1 Lb. Net Weight."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " 1 Lb. Net Weight," was false and misleading, since the 
package contained less than 1 pound net; and 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 June 18. 1931, Swift & Co., having appeared as claimant for the property 
and having consented to the entry of a decree, 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 $676.80, conditioned in part that it should not be sold or 
otherwise disposed of contrary to the Federal food and drugs act or the laws of 
any State, Territory, district, or insular possession.
ARTHUR M. HYDE, Secretary of Agriculture.