12762. Misbranding   of   butter.     V.   S.   v.   75   Cases   of   Butter.    Decree   of
condemnation and forfeiture.     Product released under bond.     (P.
& D. No. 18714.    I. S. No. 18249-v.     S. No. C-4407.)
On May 31, 1924, the United States attorney for the Eastern District of 
Louisiana, 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 75 cases of butter, remaining in the original unbroken 
packages at New Orleans, La., alleging that the article had been shipped by 
the Western Creamery Co., from Kansas City, Mo., on or about May 21, 1924, 
and transported from the State of Missouri into the State of Louisiana, and 
charging misbranding in violation of the food and drugs act as amended. The 
article was labeled in part:  (Print)  "Net Weight One Pound."
Misbranding of the article was alleged in the libel for the reason that the 
statement " Net Weight One Pound," borne on the prints, was false and mis- 
leading 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 June 14, 1924, the Western Creamery Co., Kansas City, Mo., having ap- 
peared as claimant for the property and having admitted the allegations of the 
libel, judgment of condemnation was entered, and it was ordered by the court 
that the product be released to the said claimant upon payment of the costs 
of the proceedings and the execution of a bond in the sum of $1,000, in con- 
formity with section 10 of the act.
HOWARD M. GOEE, Secretary of Agriculture.