14702. Misbranding  of  butter.     V.   S.  v.  40 Packages   of  Butter.     Default
decree of condemnation and forfeiture entered. Product ordered 
delivered to charitable Institution. (F. & D. No. 21329. I. S. No. 
13505-x.    S. No. E-5780.)
On September 18, 1926, the United States attorney for the Western District 
of North Carolina, acting upon a report by the Secretary of Agriculture, filed 
in the District Court of the United States for said district a libel praying seiz- 
ure and condemnation of forty 1-pound packages of butter, at Charlotte, N. C, 
alleging that the article had been shipped by the Community Creamery Co., 
from Chester, S. C, September 14, 1926, and transported from the State of 
South Carolina into the State of North Carolina, and charging misbranding in 
violation of the food and drugs act as amended. The article was labeled in 
part: " Community Brand Extra Fancy Creamery Butter Community Creamery 
Co. Chester, S. C.   One Pound Net."
Misbranding of the article was alleged in the libel for the reason that the 
packages bore the statement " One Pound Net," which was false and misleading 
and deceived and misled the purchaser, and for the further reason that it was 
food in package form and the quantity of the contents was not plainly marked 
on the outside of the packages, in that the statement " One Pound Net" was 
false and incorrect.
On October 11, 1926, no claimant having appeared for the property, judgment 
of condemnation and forfeiture was entered, and it was ordered by the court 
that the product be delivered to a charitable institution by the United States
marshal. 
,? ,?  ?W. M. JABDINE, Secretary of Agriculture.