22816. Misbranding of butter. V. S. v. 50 Cases of Butter. Consent de- 
cree of condemnation and forfeiture. Product released under 
bond.     (F. & D. no. 32932.    Sample no. 47943-A.)
This case involved a shipment of butter that was short weight and that 
contained less than 80 percent by weight of milk fat, the standard for butter 
established by Congress.
On June 6, 1934, the United States attorney for the District of Hawaii, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of 50 cases of butter at Honolulu, 
Hawaii, consigned by Armour & Co., from San Francisco, Calif., alleging that 
the article had been shipped May 29, 1934, and charging misbranding in viola- 
tion of the Food and Drugs Act as amended. The article was labeled in part: 
" One Pound Net Weight Golden Dale Pasteurized Creamery Butter Distributed 
by Armour Creameries, General Offices Chicago."
It was alleged in the libel that the article was misbranded in that the state- 
ments on the label, " One Pound Net Weight, Golden Dale Pasteurized Cream- 
ery Butter ", were false and misleading and deceived and misled the purchaser, 
since it contained less than 80 percent of milk fat. Misbranding was alleged 
for the further reason that the article did not have the quantity of the con- 
tents plainly and conspicuously marked on the outside of the package.
Armour & Co. filed a claim for the property admitting that it was miss 
branded, consented to the entry of a decree, paid costs of the proceedings, and 
filed a cash bond in the sum of $645, conditioned that it would not be disposed 
of in contravention of the Federal Food and Drugs Act. On June 6, 1934, 
judgment of condemnation and forfeiture was entered, and it was ordered by 
the court that the product be released to the claimant.
M. L. WILSON, Acting Secretary of Agriculture.