21448. Misbranding of  butter.     V.   S.  v.   10  2/3  Cases  of Butter.     Default
decree   of   condemnation,   forfeiture,  and   destruction.      (F.   &   D.
no. 30729.    Sample no. 43263-A.)
This case involved a shipment of butter, sample cartons of which were found 
to contain less than the declared weight, 1 pound net.
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 10% cases of butter at Hoboken, 
N.J., alleging that the article had been transported in interstate commerce 
on pr about June 23, 1933, from the premises of Meistrich & Goldenberg, Inc., 
New York, N.Y., to the premises of the Liberty Dairy Products, Inc., Hoboken, 
N.J., by truck of R. Brenner, and charging misbranding in violation of the 
Food and Drugs Act as amended. The article was labeled in part: " B. B. B. 
Brenner's Better Butter * * * One Pound Net * * * R Brenner, 
Hoboken, N.J."
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 of weight was incorrect.
On July 24, 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.