19793. Misbranding of butter.    IT. S. v. 3 Cases of Butter.     Consent decree
of   condemnation,  forfeiture,  and  destruction.     (10511—A.    F.  &  D. 
No. 28339.)
This action involved the interstate shipment of a quantity of butter, sample 
cartons of which were found to contain less than 1 pound net, the declared- 
weight.
On May 4, 1932, the United States attorney for the District of New Jersey, 
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 three cases of butter at Hoboken, N. J., alleging that the article 
had been transported in interstate commerce by Brenner & Sons (Inc.), on 
April 20, 1932, from the premises of J. R. Kramer (Inc.), New York, N. Y., to 
Hoboken, N. J., and charging misbranding in violation of the food and drugs 
act as amended. The article was labeled in part: (Carton) " B. B. B. Brenner's- 
Better Butter * * * R. Brenner, Hoboken, New Jersey. * * * One 
Pound Net."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, "1 Lb. Net Weight [One Pound Net]," was false and mis- 
leading and deceived and misled the purchaser, 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 
statement of weight was incorrect.
On May 10, 1932, the owner of the property 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 destroyed by the United States 
marshal.
HENBT A. WAT.T.ACE, Secretary of Agriculture.