30. Misbranding of  pretzel  sticks.     V.   S.  v.  2,99G  Packages   of  Pretzel   Sticks.
Consent decree of condemnation. Product released under bond to be 
repacked and relabeled.     (F. D. C. No. 404.     Sample Nos. 6T531-D, 67532-D.)
This product was short weight, the container was filled to about GO percent 
of its capacity, and the net-weight declaration was inconspicuous since it was 
printed on the top and bottom and did not appear on the main panels.
On August 16, 1939, the United States attorney for the District of New 
Jersey filed a libel against 2,996 packages of pretzel sticks at Hoboken, N. J., 
alleging that the article had been shipped in interstate commerce on or about 
July 18 and 21, 1939, by Hygrade Bakery from Philadelphia, Pa.; and charging 
that it was misbranded.    The article was labeled in part: "Net Weight 1 Lb."
It was alleged to be misbranded in that the statement of weight on the label 
was false and misleading since it was not correct. It was alleged to be mis- 
branded further in that its container was so filled as to be misleading, in that 
it was in package form and failed to bear an accurate statement of the quantity 
of the contents, and in that the statement of weight was not preeminently placed 
on the label with such conspicuousness as to render it likely to be read by 
the ordinary individual under customary conditions of purchase.
On August 28, 1939, claimants Charles Zeitz and Philip Frank, trading as 
the Hygrade Bakery, having admitted the allegations of the libel, judgment of 
condemnation was entered and the product was ordered released under bond 
to be repacked and relabeled in compliance with the law.
DAIRY PRODUCTS
BUTTER
Nos. 8 1 to 52, inclusive, of this publication report the seizure and disposition 
of butter which contained less than 80 percent of milk fat. (The act of Con- 
gress defining butter and providing a standard therefor, which is made applica- 
ble to the provisions of this act, requires that butter shall contain not less than 
80 percent by weight of milk fat.)