28794. Misbranding of butter.    U. S. v. 4 Cases of Butter.    Decree of condem¬
nation.    Product ordered delivered to a charitable institution.    (F. & D.
No. 42039.   Sample No. 2802-D.)
This product was short weight.
On March 12, 1938, 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 four cases of butter at Greeley, 
Colo., consigned by the Terry Carpenter Store, alleging that the article had 
been shipped in interstate commerce on or about March 1,1938, from Terrytown, 
Nebr., and charging misbranding in violation of the Food and Drugs Act. The 
article was labeled in part: (Carton) "Terry's Congressman Creamery Butter, 
Terry's Creamery, Terrytown, Nebr."
The article was alleged to be misbranded in that the statement on the label, 
"One Pound Net," was false and misleading since the package contained less 
than that quantity; 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.
On March 25, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered delivered to a charitable institution.
M. L. WILSON, Acting Secretary of Agriculture.