21635. Misbranding of butter. If. S. v. 4 Cases of Butter. Default decree 
of condemnation, forfeiture, and destruction. (F. & D. no. 31104. 
Sample no. 43273-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 August 8, 1933, the United States attorney for the District of New Jer- 
sey, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of four cases of butter at 
Newark N.J., alleging that the article had been transported in interstate com- 
merce from the premises of Breakstone Bros., Inc., New York, N.Y., to the 
premises of Marley Farms Co., Newark, N.J., in the truck of I. Becker & Sons, 
Inc., Newark N.J., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: " Maple Grove Brand 
Salted Pure Creamery Butter   *    *    *    One Pound Net 4-%'S."
It was alleged in the libel that the article was misbranded in that the state- 
ment on the label, " One Pound Net 4-%'S ", was false and misleading and 
deceived and misled the purchaser, and 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 September 11, 1933, no claimant having appeared for the property, judg- 
ment 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.