29094. Misbranding of butter.    U. S. v. 10 Cases of Butter.    Consent decree of 
condemnation.    Product released under bond to be repacked.     (F. & D.
No. 42487.   Sample No. 4207-D.)
This product was short weight.
On May 16, 1938, the United States attorney for the Southern District of 
Ohio, acting upon a report by the Secretary of Agriculture, filed in the district 
court a libel praying seizure and condemnation of 10 30-pound cases of butter 
at Cincinnati, Ohio; alleging that the article had been shipped in interstate 
commerce on or about May 13, 1938, by the Rising Sun Creamery Co., from 
Rising Sun, Ind.; and charging misbranding in violation of the Food and 
Drugs Act.
The article was alleged to be misbranded in that the following statements 
were false and misleading and tended to deceive and mislead the purchaser, 
(carton) "One Pound Net" and (wrapper) "Four Ounces Net"; 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, in each instance the package being short weight.
On May 23, 1938, the Rising Sun Creamery Co., claimant, having admitted 
the allegations of the libel, judgment of condemnation was entered and the 
product was ordered released under bond conditioned that it be repacked to the 
declared weight.
HARBT L. BROWN, Acting Secretary of Agriculture.