13336. Misbranding of butter.     U. S. v. 5 Cases of Butter.     Product ox-dered
released   under   bond.      (F.   &  D.   Nos.   19874,   19875,   19876.     I.   S.  No. 
3563-v.     S. No. E-5164.)
On or about March 12, 1925, the United States attorney for the District of 
Porto Rico, 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 5 cases of butter, remaining in the original unbroken 
packages at San Juan, P. R., alleging that the article had been shipped by the 
Texas Creamery Co., Houston, Tex., on or about January 27, 1925, and trans- 
ported from the State of Texas into the Territory of Porto Rico, and charging 
misbranding in violation of the food and drugs act as amended. The article 
was labeled in part: " Extra Fancy Morning Glory Creamery Butter Texas 
Creamery Co., Houston, Tex   *    *    *    One Pound Net."
Misbranding of the article was alleged in the libel for the reason that the 
statement " One Pound Net," appearing in the labeling, 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, since the statement made was not correct.
On April 20, 1925, the Texas Creamery Co., Houston, Tex., having appeared 
as claimant for the property and having admitted the allegations of the libel, 
judgment of the court was entered, ordering that the claimant pay the costs 
of the proceedings and that the product be released to the said claimant 
upon the execution of a bond in the sum of $150, in conformity with section 
10 of the act.
R. W. DtrwLAp, Acting Secretary of Agriculture.