18568. Misbranding of butter. XT. S. ?. 10 Cases of Butter. Default decree 
of condemnation, forfeiture, and destruction. (F. & D. No. 26403. 
I, S. No. 15521.    S. No. 4085.)
Sample cartons of butter from the shipment herein described having been 
found to contain less than 1 pound, the weight declared on the label, the
Secretary of Agriculture reported the matter to the United States attorney 
for the District of New Jersey.
On January 20, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid a libel praying seizure apd 
condemnation of 10 cases of butter, remaining unsold at Paterson, N. J., alleging 
that the article had been transported in interstate commerce from the premises 
of the C. & P. Butter Printing Co., of New York, to the premises of M. Klahr 
& Co., Paterson, N. J., on or about January 13, 1931, and charging misbranding 
in violation of the food and drugs act as amended. The article was labeled 
in part: " One Pound Net Weight Valley Farm Print Butter, M. Klahr & Co., 
Distributors, Paterson, New Jersey."
It was alleged in the libel that the article was misbranded in that the 
statement on the label, " One Pound Net Weight," was false and misleading 
and deceived and mislead 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 
package, since the statement, " One Pound Net Weight," was incorrect.
On January 27,1931, the owner of the product having requested that a decree 
of condemnation be entered, and the defaults of all persons having been noted, 
judgment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
ABTHUB M. HYDE, Secretary of Agriculture.