21396. Misbranding of butter. U. S. v. 43 Cases of Butter. Consent de- 
cree of condemnation and forfeiture. Product released under 
bond.    (F. & D. no. 30727.    Sample no. 43260-A.)
Sample cartons of butter taken from the shipment involved in this case 
were found to contain less than 1 pound, the declared weight.
On June 27, 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 43 cases of butter at Hackensack, 
N.J., alleging that the article had been transported in interstate commerce, on 
or about June 6, 1933, from the premises of Armour Creameries, Fargo, N.Dak., 
to the premises of Armour & Co., Hackensack, N.J., and charging misbranding
in violation of the Food and Drugs Act as amended.   The article Was labeled 
in part: "Armour's Cloverbloom Full Cream Butter   *   *' *   1 Lb. Net Weight."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " 1 Lb. Net Weight", 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 of weight was incorrect.
On July 28, 1933, Armour & Co., claimant, having admitted the allegations 
of the libel and having consented to the entry of a decree, judgment of con- 
demnation and forfeiture was entered, and it was ordered by the court that 
the product be released to the claimant upon payment of costs and the execu- 
tion of a bond in the sum of $300, conditioned that it should not be disposed 
of in violation of the Federal Food and Drugs Act, and all other laws. The 
article was reprinted in full 1-pound prints.
M. L. WILSON, Acting Secretary of Agriculture.