17034. Misbranding of   butter.    U.   S.   v.   6   Cartons   of   Butter.     Consent
decree of condemnation and forfeiture.    Product released under 
bond.     (F. & D. No. 24554.    I. S. No. 028901.    S. No. 2703.)
On January 6, 1930, the United States attorney for the District of New Jersey, 
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 6 cartons of butter at Jersey City, N. J., alleging that the article had been 
shipped by Suchman & McRoberts (Inc.), Jersey City, N. J., from New York, 
N. Y? on or about December 30, 1929, and transported from the State of New 
York into the State of New Jersey, and charging misbranding in violation of 
the food and drugs act as amended. The article was labeled in part: 
" Creamery Butter   *    *    *   One Pound Net."
It was alleged in the libel that the article was misbranded in that the 
statement on the label, " One Pound Net," was false and misleading and 
deceivid 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 statement " One Pound Net" was 
incorrect.
On January 24, 1930, the J. A. Long Co., New York, N. Y., claimant, having 
admitted the allegations of the libel and having consented that a decree be 
entered condemning and forfeiting the product, judgment was entered ordering 
that the said product be released to the claimant upon payment of costs and the 
execution of a bond in the sum of $100, conditioned in part that it be repacked 
in tubs so that it comply with the law.
ABTHTJB M. HTDE, Secretary of Agriculture