17676. Misbranding of butter.    U.  S. v.  400  Cartons  of Creamery Butter.
Consent decree of condemnation and forfeiture.    Product released 
under bond.     (P. & D. No. 25256.    I. S. No. 2468.    S. No. 3341.)
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 Southern District of New York.
On August 14,1930, 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 400 cartons of butter, remaining in the original unbroken pack- 
ages at New York, N. Y., alleging that the article had been shipped by an agent 
of the J. A. Long Co., Portland, Ind., from Jersey City, N. J., on or about July 
21, 1930, and had been transported from the State of New Jersey into the State 
of New York, and charging misbranding in violation of the food and drugs act
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=as amended. The article was labeled in part: (Retail package) "Creamery 
Butter * * * One Pound Net * * * J. A. Long Co. * * * Port- 
land, Indiana."
It was alleged in the libel that the article was misbranded in that the pack- 
ages were labeled so as to deceive or mislead the purchaser by a false and mis- 
leading statement, namely, " One Pound Net." Misbranding was alleged for the 
further reason that the quantity of the contents was not plainly and conspicu- 
ously marked on the outside of the package, since the statement made was not 
?correct.
On August 28,1930, 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 the execution 
of a bond in the sum of $6,500, or the deposit of cash bond in like amount, 
?conditioned that it be repacked in tubs and labeled with a correct statement of 
the quantity of the contents.
ARTHUR M. HYDE, Secretary of Agriculture.