20959. Misbranding of butter.     V. S. v. 76 Cases of Butter.     Consent decree
of condemnation.    Product released under bond.     (F. & D. no. 30442. 
Sample nos. 29655-A, 36119-A.)
This case involved a shipment of butter, sample cartons of which were found 
to contain less than 1 pound, the declared weight.
On April 18, 1933, the United States attorney for the Southern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 76 cases of butter 
at Los Angeles, Calif., alleging that the article had been shipped in interstate 
commerce, on or about April 15, 1933, by the Nelson-Ricks Creamery, from Salt 
Lake City, Utah, and charging misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: (Carton) "Net Weight 
One Pound Rose Bud Pasteurized Creamery Butter The Cudahy Packing Co. 
Distributors,    *    *    *   Chicago."
It was alleged in the libel that the article was misbranded in that the state- 
ment " Net Weight One Pound ", appearing on the label, was false and mislead- 
ing. Misbranding was alleged 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 made 
was incorrect.
Oh April 26, 1933, the Nelson-Ricks Creamery Co., Salt Lake City, Utah, 
having appeared as claimant for the property and having admitted the allega- 
tions of the libel, judgment of condemnation was entered and it was ordered 
by the court that the product be released to the claimant upon payment of 
costs and the execution of a bond in the sum of $500, conditioned that it be 
remolded to bring it up to the declared weight or relabeled, the remolding or 
relabeling to be under the supervision of this Department.
R. G. TUGWELL, Acting Secretary of Agriculture.