20129. Misbranding of butter.    U.S. v. Seven SO-Pound Cases of Print But¬
ter.    Default   decree   of   condemnation,   forfeiture,   and   destruc- 
tion.     (F. & D. No. 28436.    Sample No. 7444-A.) -
This action involved the shipment of a quantity of butter in packages 
labeled as containing 1 pound net. Sample packages taken from the shipment 
were found to contain less than 1 pound.
On or about June 15, 1932, the United States attorney for the Eastern 
District of Louisiana, 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 seven 50-pound cases of butter, 
remaining in the original unbroken packages at New Orleans, La., alleging 
that the article had been shipped in interstate commerce on or about June 8, 
1932, by H. P. Nielsen, from Waterloo, Wis., to New Orleans, La., and charging 
misbranding in violation of the Food and Drugs Act. The article was labeled 
in part: (Prints) "One Pound Net Nielsen's Pure Pasteurized Creamery 
Butter Waterloo Creamery, Waterloo, Wis."
It was alleged in the libel that the article was misbranded in that the state- 
ment " One Pound Net" was false and misleading and deceived and misled 
the purchaser; and in 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 quantity stated on the package was not correct.
On July 19, 1932, ho claimant having appeared for the property, judgment of 
condemnation and forfeiture was entered, and it was ordered by the court 
that the product be destroyed by the United States marshal.
R. G. Burwell, Acting Secretary of Agriculture.