13159. Misbranding of butter.    V. S. v. 16 Cases of Butter.     Consent decree
of  forfeiture.     Product   released  under  bond.     (F.  & D.   No.   19863. 
I. S. No. 16429-v.     S. No. B-5144.)
On February 21, 1925, the United States attorney for the Northern District 
of Georgia, acting upon a "report by the Secretary of Agriculture, filed in the 
District Court of the United States for sa.'d district a libel praying the seizure 
and condemnation of 16 cases, each containing 32 cartons, of butter, remain- 
ing in the original unbroken packages at Atlanta, Ga., alleging that the article 
had been shipped by Swift & Co., from Nashville, Tenn., on or about Feb- 
ruary 10, 1925, and transported from the State of Tennessee into the State 
of Georgia, and charging misbranding in violation of the food and drugs 
act as amended. The article was labeled in part: (Carton) " Brookfield 
Creamery Butter Swift & Company, U. S. A. 1 Lb. Net Weight," (shipping 
case) "32 Lbs. Net Brookfield Creamery Butter. % lb. prints in 1 lb. cartons."
Misbranding of the article was alleged in the libel for the reason that the 
statements, to wit, " 1 Lb. Net Weight" and " 32 Lbs. Net," borne on the 
cartons and cases respectively, were false and misleading and deceived 
and misled the purchaser into the belief that each of said cartons contained 
1 pound net weight of butter, and that each of said cases contained 32 pounds 
net weight of butter, whereas, in truth and in fact, the cartons contained less 
than 1 pound of butter and the cases contained less than 32 pounds of butter. 
Misbranding was alleged for the further reason that the article was in pack- 
age form and the contents thereof were not plainly and conspicuously marked 
on the outside of the packages.
On March 10, 1925, Swift & Co., claimant, having admitted the allegations 
of the libel and having consented to the entry of a decree, judgment was 
entered, forfeiting the product, and it was ordered by the court that the 
said product be released to the claimant upon payment of the costs of the 
proceedings and the execution of a bond in the sum of $300, in conformity 
with section 10 of the act.
B. W. DUNLAP, Acting Secretary of Agriculture.