14330. Misbranding   of   butter.    U.   S.   v.   12   Cases   of   Butter.    Decree   of       i
condemnation    and    forfeiture.    Product    released    under    bond.
(F. & D. No. 20091.    I. S. No. 14873-v.    S. No. C-4728.)
On April 24, 1925, 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 seizure and 
condemnation of 12 cases of butter, remaining unsold in the original unbroken 
packages at New Orleans, La., alleging that the article had been shipped by 
Paul A. Schulze Co., St. Louis, Mo., on or about April 17, 1925, and transported 
from the State of Missouri into the State of Louisiana, and charging mis- 
branding in violation of the food and drugs act as amended. The article was 
labeled in part: (Carton) "Jersey Belle Creamery Butter One Pound Net 
Weight   *    *    *   Paul A. Schulze Co. St. Louis, Mo."
It was alleged in substance in the libel that the article was misbranded in 
violation of section 8 of said act, general paragraph and paragraphs 2 and 4, 
in that it was not packed in units of one pound each in accordance with its 
label, but said units contained less than 1 pound each, and in 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.
It was further alleged in the libel that the butter contained less than 80 per 
cent of butterfat, in violation of the act of Congress of March 4, 1923.
On December 2, 1925, the Paul A. Schulze Co., St. Louis, Mo., having appeared 
as claimant for the property and having confessed the allegations of the libel, 
a decree was entered, adjudging that the product contained less than 80 per cent 
of milk fat, in violation of the act of March 4, 1923, and that it was improperly 
labeled, and ordering its condemnation and forfeiture, and it was further 
ordered by the court that the product be released to the claimant upon payment 
of the costs of the proceedings and the execution of a bond in the sum of 
$125, conditioned in part that it be reworked and reconditioned in compliance 
with the law.
W. M. JABDINE, Secretary of Agriculture.