27106. Misbranding of butter.     V.  S.  v. 2  Cases  of Butter.     Default decree of
condemnation.     Product ordered delivered to a charitable institution.
(F. & D. no. 39103.    Sample no. 19439-C.)
This case involved butter that was falsely labeled as to weight.
On January 9, 1937, the United States attorney for the District of Colorado, 
acting upon a report by the Secretary of Agriculture, filed in the district court 
a libel praying seizure and condemnation of two cases of butter at Greeley, Colo., 
consigned by Miller's Cloverleaf Dairy, alleging that the article had been 
shipped in interstate commerce, on or about January 2, 1937, from Monk, 
Nebr., and charging misbranding in violation of the Food and Drugs Act as 
amended. It was labeled in part: "Surely Good Fancy Creamery Butter One 
Pound Net   Four Cubes   Packed Especially for Security Stores."
The article was alleged to be misbranded in that it was labeled "One Pound 
Net", which was false and misleading as the package contained less than said 
quantity; and in that it was food in package form and the quantity of contents 
was not plainly and conspicuously marked on the outside of the package since 
the quantity stated thereon was not correct.
On March 2, 1937, no claimant having appeared, judgment of condemnation 
was entered and it was ordered that the product be delivered to a charitable 
institution.
W. R. GBEGG, Acting Secretary of Agriculture.