27869. Misbranding of butter.    U. S. v. 40 Cases of Butter.    Consent decree of
condemnation.    Product released under bond to be repacked.    (F. & D.
No. 40179.    Sample No. 39401-C.)
This product was short of the declared weight.
On July 29,1937, the United States attorney for the District of Hawaii, acting 
upon a report by the Secretary of Agriculture, filed in the district court a libel 
praying seizure and condemnation of 40 cases of butter at Honolulu, Hawaii, 
consigned by Golden State Co., Ltd., alleging that the article had been shipped 
from San Francisco, Calif., on or about July 22, 1937, and charging misbranding 
in violation of the Food and Drugs Act as amended. The article was labeled in 
part: (Cartons) "Net Weight 1 lb. Jersey Farm Dairy Company * * * But- 
ter Distributed by Argonaut Milk Co. San Francisco."
It was alleged to be misbranded in that the statement "Net Weight 1 lb.'" 
was false and misleading and tended to deceive and mislead the purchaser 
since the cartons contained less than 1 pound; and in that the quantity of the 
contents was not plainly and conspicuously marked on the outside of the 
package.
On July 30, 1937, C. Q. Tee Hop & Co., Ltd., Honolulu, Hawaii, claimant, 
having admitted the allegations of the libel and having consented to the entry 
of a decree, judgment of condemnation was entered and the product was ordered 
released under bond conditioned that it be repacked to the declared weight.
HARRY L. BROWN, Acting Secretary of Agriculture.