16456. Adulteration and alleg-ed Misbranding of butter. U. S. v. 14 Cases 
of Butter. Decree of condemnation and forfeiture. Product re- 
leased under bond.     (P. & D. No. 23804.    I. S. No. 07625.     S. No. 1923.)
On or about April 15, 1929, the United States attorney for the Eastern Dis- 
trict 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 14 cases of butter, remaining in the original unbroken 
packages at New Orleans, La., alleging that the article had been shipped by 
the Davicl Cole Creamery Co., Omaha, Nebr., on or about March 26, 1929, and 
transported from the State of Nebraska into the State of Louisiana, and charg- 
ing adulteration and misbranding in violation of the food and drugs act as 
amended. The article was labeled in part: " Elegant Creamery Butter Quarter 
Prints    *    *    *    Farmers'   Co-operative   Creamery   Co.   One   Pound   Net."
It was alleged in the libel that the article was deficient in butterfat, did not 
comply with the standard established by Congress, and was short weight. 
Adulteration of the article was alleged in that a substance deficient in butterfat 
had been mixed and packed with it, so as to reduce or lower or injuriously 
affect its quality or strength and had been substituted wholly or in part for 
the said article.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive name of another article in that the statement " One Pound 
Net" was false and misleading and deceived and misled the purchaser, and in 
that it 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 
quantity stated on the package was not correct.
On April 19, 1929, Gerde, Newman & Co., New Orleans, La., having appeared 
as claimant for the property and having admitted the allegations of the libel, a 
decree was entered finding the product adulterated and ordering its condemna- 
tion, and it was further ordered by the court that the product be released to 
the said claimant upon payment of costs and the execution of a bond in the 
sum of $400, conditioned in part that it be reworked under the supervision of 
this department and should not be sold or disposed of until it contains more 
than 80 per cent of butterfat and complies with the Federal food and drugs 
act.
ABTHUB M. HYDE, Secretary of Agriculture.