22850. Misbranding of butter.     IT. S. v. 7 Cases of Butter.     Decree of con¬
demnation and destruction.     (F. & D. no. 33186.    Sample no. 73852-A.)
Sample packages of butter taken from the shipment involved in this case 
were found to contain less than 1 pound, the weight declared on the label.
On June 29, 1934, the United States attorney for the Western District of 
Washington, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of seven cases of butter 
at Hoquiam, Wash., consigned by Swift & Co., June 23, 1934, alleging that the 
article had been shipped in interstate commerce from Portland, Oreg., into the 
State of Washington, and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: " Swift's Premium 
Quality Brookfield Butter Net Weight 1 lb."
It was alleged in the libel that the article was misbranded in that the state- 
ment " 1 Lb. Net Weight" was false and misleading, 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 made was not correct.
On August 4, 1934, Swift & Co., the sole intervenor, having interposed no / 
objections to the entry of a decree, judgment of condemnation 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.