27466. Misbranding of butter.    U.  S. v. 16 Cartons and 21 Cartons of Butter.
Decree of condemnation.     Product released under bond to be repacked.
(F. & D. no. 39710.    Sample nos. 43426-C, 43427-C.)
This case involved butter that was short in weight.
On May 22, 1937, the United States attorney for the Eastern District of 
Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 37 cartons of butter 
at New Orleans, La., alleging that it had been shipped in interstate commerce 
on or about May 10, 1937, by the Lexington Ice & Creamery Co. from Lexington, 
Miss., and charging misbranding in violation of the Food and Drugs Act. A 
portion of the article was labeled: (Retail carton) "Clear Brook Creamery 
Butter * * * Distributed by Wilson & Co. * * * Net Weight 1 Pound"; 
(parchment wrapper) "% Lb. Net Weight." The remainder was labeled: 
(Wrapper) "Country Roll Creamery Butter Pasteurized Distributors Wilson & 
Co.    *    *    *    1 Lb. Net Weight."
The article was alleged to be misbranded in that the statements, "Net Weight 
1 Pound", "% Lb. Net Weight", and "1 Lb. Net Weight", were false and mis- 
leading and tend to deceive and mislead the purchaser; 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 was not correct.
On June 12, 1937, the Lexington Ice & Creamery Co. having appeared as 
claimant and having admitted the allegations of the libel, judgment of con- 
demnation was entered and it was ordered that the product be released under 
bond conditioned that it be repacked to the correct weight.
M. L. WILSON, Acting Secretary of Agriculture.