27467. Misbranding of butter.    IT. S. v. 24 Cases of Butter.    Consent decree of
condemnation.    Product   ordered  released  under   bond.     (F.   &   D.   no.
89856.    Sample no. 43404-C.)
This case involved butter that was short in weight.
On June 4, 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 24 cases, each con- 
taining 32 rolls of butter, at New Orleans, La., alleging that the article had been 
shipped in interstate commerce on or about May 26, 1937, by the Kosciusko 
Creamery from Kosciusko, Miss., and charging misbranding in violation of the 
Food and Drugs Act as amended. The article was labeled in part: (Parchment 
wrapper) "Maple Leaf Butter One Pound Net."
It was alleged to be misbranded in that the statement on the label, "One 
Pound Net", was false and misleading and deceived and misled 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 10, 1937, the Kosciusko Creamery Co. having appeared as claimant 
and having admitted the allegations of the libel, judgment of condemnation was 
entered and it was ordered that the product be released under bond conditioned 
that it be tubbed or brought up to the labeled weight.
M. L. WILSON, Acting Secretary of Agriculture.