17545. Misbranding of butter.    U. S. v. 275 Cases of Creamery Butter.     Con 
sent decree of condemnation and forfeiture. Product released 
under bond.    (F. & D. No. 24997.    I. S. No. 2276.    S. No. 3289.)
Samples of butter from the herein described interstate shipment having been 
found short weight, the Secretary of Agriculture reported the matter to the 
United States attorney for the Southern District of New York. On or about 
July 19, 1930, the said United States attorney filed in the District Court of the 
United States for the district aforesaid a libel praying seizure and condemna- 
tion of 275 cases of creamery butter, remaining in the original unbroken pack- 
ages at New York, N. Y., alleging that the article had been shipped by Kurtin & 
Kurtin, as agents for the J. A. Long Co., Portland, Ind., from Jersey City, 
N. J., on or about July 15, 1930, and had been transported from the State of 
New Jersey into the State of New York, and charging misbranding in viola- 
tion of the food and drugs act as amended. The article was labeled in part: 
(Retail package) "Creamery Butter * * * One Pound Net * * * 
J. A. Long Co.,   *    *    *    Portland, Indiana."
It was alleged in the libel that the article was misbranded in that it was 
labeled so as to deceive or mislead the purchaser by a false and misleading 
statement, namely, " One Pound Net." Misbranding was alleged for the further 
reason that the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package, since the statement made was not correct.
41285-31 2
On August 8, 1930, the J. A. Long Co., Portland, Ind., claimant, having 
admitted the allegations of the libel and having consented to the entry of a 
decree, 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 costs and the execution of a bond in the sum of $4,500, or the 
deposit of cash collateral in like amount, conditioned in part that it be repacked 
in tubs and labeled with a correct statement of the quantity of the contents.
ABTHTJB M. HYDE, Secretary of Agriculture.