53. Misbranding of butter. U. S. v. 250 Cases of Butter. Product released 
under bond to be remolded and repacked. (F. D. C. No. 619. Sample Nos. 
40837-D,  40838-D.)
This product was short of the declared weight.
On August 5, 1939, the United States attorney for the District of New Mexico 
filed in the district court a libel praying seizure and condemnation of 250 cases 
of butter at Albuquerque, N. Mex., alleging that the article had been shipped in 
interstate commerce on or about July 30, 1989, by Plains Creamery, Inc., from 
Amarillo, Tex.; and charging that it was misbranded. The article was labeled 
in part: "Sunny State Fancy Creamery Butter' Sunny State Distributing Com- 
pany, Albuquerque, New Mexico."
It was alleged to be misbranded in that it was labeled "One Pound," which 
was false and misleading since the packages contained less than that quantity.
On August 21, 1939, the Plains Creamery, claimant, having admitted the alle- 
gations of the libel, judgment was entered ordering release of the product under 
bond conditioned that it be brought into conformity with the law under the 
supervision of this Department. It was remolded and repacked to the labeled 
weight.