566. Misbranding of butter.    U. S. v. 11 Cases and 2 Cases of Butter.    Default
decree of condemnation. ' Product ordered delivered to charitable insti- 
tutions.    (F. D. C. No. 1932.    Sample Nos. 6189-E, 6190-E.)
A portion of this product failed to bear a label containing an accurate state- 
ment of the quantity of contents of the packages and the remaining portion 
was short of the weight declared on the label.
On April 3, 1940, the United States attorney for the District of New Mexico 
filed a libel against 13 cases of butter at Albuquerque, N. Mex., alleging that 
the article had been shipped in interstate commerce on or about March 16, 1940, 
by South Plains Creamery from Littlefield, Tex.; and charging that it was 
misbranded. One lot was unlabeled and the remaining lot was labeled "4 oz. 
Net Weight" when shipped.
The article in both lots was alleged to be misbranded in that it was food in 
package fofm'ltnd the quantity of contents was not.plainly and conspicuously 
marked on the outside of the package. One lot was alleged to be misbranded 
further in that it was labeled "4 oz. Net Weight," which was false and mis- 
leading since the package contained less than that quantity.
On May 8, 1940, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered delivered to charitable institutions.