19677. Misbranding of butter. U. S. v. 90 Cases of Batter. Consent decree 
of condemnation and forfeiture. Product released under bond to 
be repacked. (F. & D. Nos. 27914, 27915. I. S. Nos. 32770, 32771. S. 
Nos. 5953, 5957.)
This action involved the shipment of a quantity of butter, sample packages 
of which were found to contain less than 1 pound, the labeled weight.
On March 15, 1932, the United States attorney for the District of Hawaii, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for the district aforesaid a libel praying seizure and con- 
demnation of 90 cases of the said butter at Honolulu, Hawaii, consigned by 
Swift & Co., alleging that the article had been shipped from San Francisco, 
Calif., to Honolulu, Territory of Hawaii, on March 9, 1932, and charging mis- 
branding in violation of the food and drugs act. The article was labeled in 
part: (Prints) "Swift's Premium Quality Brookfield Pasteurized Creamery 
Butter 1 lb. Net Weight Distributed by Swift & Co., General Offices Chicago."
It was alleged in the libel that the article was misbranded in that the weight 
declared on the label of the containers was in excess of the actual weight of the 
butter contained therein, which label was false and misleading and deceived 
and misled the purchaser, since it represented that the contents of the pack- 
age were of a certain weight, whereas they were less than so represented.
On March 18, 1932, Swift & Co., San Francisco, Calif., having appeared as 
claimant for the property and having admitted the material allegations of the 
libel, judgment of condemnation and forfeiture was entered. On March 19, 
1932, an order was entered by the court providing that the product be released 
to the said claimant upon payment of costs and the execution of a bond in the 
sum of $1,400, conditioned that it be reshipped to San Francisco, Calif., to be 
repacked, and that it should not be sold in violation of the Federal food and 
drugs act, or the laws of the Territory of Hawaii.
HENRY A.  WALLACE, Secretary of Agriculture.