12987. Misbranding of Butter.    U. S. v. 12 Cases of Butter.    Judgment for
the  Government.     Product  released  to  claimant  to  be  repacked 
and relabeled.    (F. & D. No. 18415.    I. S. No. 7316-v.    S. No. C-4297.)
On February 25, 1924, the United States attorney for the Southern District 
of Alabama, 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 12 cases of butter, at Mobile, Ala., alleging that 
the article had been shipped by the Meriden Creamery Co., from Kansas 
City, Mo., February 4, 1924, and transported from the State of Missouri into 
the State of Alabama, and charging misbranding in violation of the food and 
drugs act as amended. The article was labeled in part: (Shipping case) 
"From The Meriden Cry. Co., Kansas City, Mo."; (carton) "Meadow Cream 
Pure Creamery Butter One Pound Net."
Misbranding of the article was alleged in the libel for the reason that the 
following statement appearing on the cartons, "Meadow Cream Pure Cream- 
ery Butter One Pound Net," was false and misleading and deceived the pur- 
chaser, in that the net weight of the butter contained in the said cartons was 
less than 1 pound. Misbranding was alleged, for the further reason that the 
article was food in package form and the net contents thereof was not plainly 
and conspicuously marked on the outside of the carton.
On March 11, 1924, the Haas-Davis Packing Co., Mobile, Ala., having ap- 
peared as claimant for the property, judgment was entered for the Govern-
ment, and it was ordered by the court that the product be released to the 
said claimant to be repacked and correctly labeled and that the claimant pay 
the costs of the proceedings.
W. M. JARDINE, Secretary of Agriculture.