21363. Misbranding of butter.    U. S. -v. 6 Boxes of Butter.    Default decree
of condemnation, forfeiture, and destruction.     (F. & D. no. 30728. 
Sample no. 43261-A.)
This action involved a shipment of butter, which was found to be short 
weight.
On June 24, 1933, the United States attorney for the District of New Jersey, 
acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of six 50-pound boxes of butter 
at Newark, N.J., alleging that the article had been shipped in interstate com- 
merce on or about June 19, 1933, from the premises of Peter Hernig Sons, 
Philadelphia, Pa., to the premises of Peter Hernig Sons, Newark, N.J., and 
charging misbranding in violation of the Food and Drugs Act as amended. 
The article was labeled in part: (Parchment wrapper)    " One Pound Net."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " One Pound Net", was false and misleading and deceived 
and misled the purchaser. 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.
On August 16, 1933, no 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.
M. L. WILSON, Acting Secretary of Agriculture.