20122. Misbranding of butter. U.S. v. 9 Cases of Butter. Default decree 
of forfeiture and destruction. (F. & D. No. 28001. I.S. No. 43519. 
S. No. 6020.)
This case involved the shipment of a quantity of butter, sample cartons of 
which were found to contain less than 1 pound, the declared weight.
On March 30, 1932, the United States attorney for the District of Vermont, 
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 condemnation of nine cases of butter, which had been shipped from Marion, 
Ind., about March 18, 1932, consigned to Concord, N.H., and sampled en route. 
It was alleged in the libel that the article had been shipped by Swift & Co., 
Marion, Ind., that it remained in the original unbroken packages at White 
River Junction, Vt., and that it was misbranded in violation of the Food and 
Drugs Act as amended. The article was labeled in part: " Cresta Creamery 
Butter. Distributed by Swift & Company * * * Chicago, * * * 1 Lb. 
Net Weight."
Misbranding of the article was alleged in the libel for the reason that it 
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 
made was incorrect.
On September 1, 1932, no claimant having appeared for the property, 
judgment of forfeiture was entered and it was ordered by the court that the 
product be destroyed by the United States marshal.
R. G. TUGWELL, Acting Secretary of Agriculture.