12122. Misbranding of butter.    U. S. v. 140 Pounds of Butter.    Default de 
cree   of   condemnation,   forfeiture,   and   sale.     (F.   &  D.   No.   17718. 
I. S. Nos. 6933-v, 6934-v.    S. No. C-4093.)
On or about September 13, 1923, the United States attorney for the Northern 
District of Texas, acting upon a report by the Secretary of Agriculture, filed 
in the District Court of the United States for said district a libel praying the
seizure and condemnation of 140 pounds of butter, remaining in the original 
packages at Wichita Falls, Tex., alleging that the article had been shipped by 
the Sunshine Creamery, from Gage, Okla., on or about August 2, 1923, and 
transported from the State of Oklahoma into the State of Texas, and charging 
misbranding in violation of the Food and Drugs Act, as amended. The article 
was labeled in part: (Print) "Sunshine Butter Sunshine Creamery Gage, 
Oklahoma * =? * One Pound Net Weight" (or "One-Half Pound Net 
Weight"); (case) "From The Sunshine Creamery G. H. Sweeney Gage, 
Okla."
Misbranding of the article was alleged in the libel for the reason that the 
statements, " One Pound Net Weight" and " One-Half Pound Net AVeight," ap- 
pearing on the labeling, were false and misleading and deceived and misled the 
purchaser. Misbranding was alleged for the further reason that the article 
was [food] in package form and the quantity of the contents was not plainly 
and conspicuously marked on the outside of the package.
On November 27, 1923, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be sold by the United States marshal.
C. F. MAEVIW, Actings Secretary of Agriculture.