13878. Misbranding of butter. U. S. v. IS Boxen, et al.? of Butter. Decree 
of  condemnation  and  forfeiture.     Product   released   under  bond.
(F. & D. No. 20611.    I. S. Nos. 2020-x, 2021-x, 2022-x.    S. No. C-4845.)
On or about October 16, 1925, the United States attorney for the Western 
District of Tennessee, acting upon reports 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 62 boxes of butter, at Memphis, Tenn., con- 
signed in various shipments on October 13, 14, and 15, 1925, respectively, 
alleging that the article had been shipped by the Sardis Creamery Co., from 
Sardis, Miss., and transported from the State of Mississippi into the State of 
Tennessee, and charging misbranding in violation of the food and drugs act 
as amended. The article was contained in cartons labeled in. part: "One 
Pound Net Weight." The boxes containing a portion of the product were 
labeled in part:   "From Sardis Creamery Co.    *    *    *    Sardis, Mississippi."
Misbranding of the article was alleged in the libel for the reason that the 
statement " One Pound Net Weight," borne on the labels, was false and mis- 
leading and deceived the purchaser, and for the further reason that the 
article was in package form and the quantity of the contents was not plainly 
And conspicuously marked on the outside of the package.
On October 21, 1925, the Sardis Creamery Co., Sardis, Miss., having appeared 
as claimant for the property and having admitted the allegations of the libel, 
judgment of condemnation and forfeiture 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 $1,400, 
in conformity with section 10 of the act, said bond providing that the product 
be reconditioned under the supervision of an official of the Department of 
Health of Memphis, Tenn.  
C. F. MARVIN, Acting Secretary of Agriculture.