20320. Misbranding of butter.    U.S. v. 725 Pounds, et al., of Butter.    ProdŽ
uct adjudged misbranded and ordered released under bond to be 
relabeled.    (F. & D. nos. 28904, 28905.    Sample nos. 8505-A, 8506-A.)
These actions were based on the interstate shipment of quantities of butter, 
sample cartons of which were found to contain less than 1 pound, the de- 
clared weight.
On August 26 and August 30, 1932, the United States attorney for the Middle 
District of Pennsylvania, acting upon reports by the Secretary of Agriculture, 
filed in the District Court of the United States for the district aforesaid libels 
praying seizure and condemnation of 871 pounds of butter, remaining in the 
original unbroken packages at Pennbrook, a suburb of Harrisburg, Pa., alleging 
that the article had been shipped on or about August 13, 1932, by the Sugar 
Creek Creamery Co., from Evansville, Ind., to Pennbrook, Pa., and charging 
misbranding in violation of the Food and Drugs Act as amended. The article 
was labeled in part: (Carton) " Sugar Creek Butter Full Weight One Pound "; 
(wrapper on portion) " One Pound Net Weight."
It was alleged in the libels that the article was misbranded in that the correct 
net weight was not declared.
The Sugar Creek Creamery Co., Evansville, Ind., filed an answer admitting 
the allegations of the libel and petitioned release of the product under bond. 
On October 25, 1932, the cases having been consolidated into one cause of action, 
judgment was entered finding the product misbranded and ordering that it be 
released to the claimant upon payment of costs and the execution of a bond in 
the sum of $250, conditioned that it be relabeled under the supervision of this 
Department, and that it should not be sold or disposed of contrary to the laws 
of the United States or of any State, Territory, or District.
R. G. TUGWELL, Acting Secretary of Agriculture.