25967. Misbranding of apple butter.    U. S. v. 46 Cases of Apple Butter.    Decree
of condemnation.    Product released under bond for relabeling.     (F. &
D. no. 36621.    Sample no. 41286-B.)
This case involved an interstate shipment of apple butter the packages of 
which were short in weight.
On November 16, 1935, the United States attorney for the District of Minne- 
sota, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 46 cases of apple butter at 
Minneapolis, Minn., alleging that the article had been shipped in interstate com- 
merce on or about October 17, 1935, by Libby, McNeill & Libby, from Blue 
Island, Ill., and that it was misbranded in violation of the Food and Drugs Act. 
The article, contained in jars, was labeled: "Libby's Apple Butter Caramelized 
Sugar Added Net Weight 1 Lb. 10 Oz. Packed by Libby, McNeill & Libby 
Chicago   Made in U. S. A."
The article was alleged to be misbranded in that the statement on the label, 
"Net Weight 1 Lb. 10 Oz.", was false and misleading and tended to deceive and 
mislead the purchaser; and in that it 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 quantity stated was not correct.
On December 30, 1935, Libby, McNeill & Libby, claimant, having admitted 
the allegations of the libel and having consented to the entry of a decree, judg- 
ment of condemnation was entered and it was ordered that the product be 
released under bond conditioned that it be relabeled.
M. L. WIXSON, Acting Secretary of Agriculture.