28233. Misbranding of batter.     U.  S.  v.  38 Cases,  27 Cases,  and  11 Cases  of
Batter.    Consent decree of condemnation.   Product released under bond 
for relabeled.    (P. & D. No. 40382.    Sample Nos. 49425-C to 49427-C, Incl.)
A portion of this product was short weight, and the packages of the remainder 
failed to bear on the label a statement of the quantity of the contents.
On September 15, 1937, the United States attorney for the Northern District 
of Illinois, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 76 cases of butter at 
Elgin, Ill., alleging that the article had been shipped in interstate commerce 
on or about September 2, 1937, from Burlington, Iowa, by the Burlington 
Sanitary Milk Co., and charging misbranding in violation of the Food and Drugs 
Act as amended. One lot was labeled: (Wrapper) "Country Wrap Made from 
Pasteurized Cream Packed for Young and Austin, Elgin, Ill. * * * 1 lb. 
Net Weight."
Misbranding of one lot was alleged in that the statement "1 lb. Net Weight" 
was false and misleading and deceived and misled 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; Misbranding of the remaining lots was alleged in that 
the article was food in package form and the quantity of the contents was not 
plainly and conspicuously marked on the outside of the package.
On October 14, 1937, the Burlington Sanitary Milk Co., 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 properly labeled.
HARRY L. BEOWN, Acting Secretary of Agriculture.