17668. Misbranding of butter.    U. S. v. 5 Cases of Butter.    Decree of con 
demnation and forfeiture.     Product released under bond.     (F. & 1_?. 
No. 25050.    I. S. No. 6308.    S. No. 3302.)
Samples of butter from the herein described interstate shipment having been 
found to be short weight, the Secretary of Agriculture reported the matter to> 
the United States attorney for the Eastern District of Louisiana. 
On or about July 17,1930, the said United States attorney filed in the District 
Court of the United States for the district aforesaid a libel praying seizure and. 
condemnation of 5 cases, each containing 32 cartons of butter, remaining in the 
original unbroken packages at New Orleans, La., alleging that the article had. 
been shipped by Swift & Co., West Point, Miss., on or about July 8, 1930, and 
had been transported from the State of Mississippi into the State of Louisiana,, 
and charging misbranding in violation of the food and drugs act as amended. 
The article was labeled in part: (Cartons) " Swift's Premium Quality Brook- 
field Pasteurized Creamery Butter Quarters, 1 lb. Net Weight Distributed by 
Swift & Company    *   *   *   Chicago."
It was alleged in the libel that the article was misbranded in that the state- 
ment " 1 lb. Net Weight," borne on the label, was false and misleading and 
deceived and misled the purchaser. Misbranding was alleged for the further 
reason 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 pack- 
age, since the quantity stated on the package was not correct.
On August 22, 1930, Swift & Co. (Ltd.), New Orleans, La., having appeared 
as claimant for the property and having admitted the allegations of the libel, 
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 $130, conditioned in part that 
it be made to comply with the Federal food and drugs act, under the supervision 
of this department.
ARTHUR M. HTDB, Secretary of Agriculture.