20133. Misbranding of butter.    U.S. v. 7 Boxes  of Butter.     Default  decree
of condemnation and  destruction.     (F.  & D. No.  28379.    Sample No. 
13104-A.)
This action involved the shipment of a quantity of butter, sample packages 
of which were found to contain less than 1 pound, the declared weight.
On or about June 6, 1932, the United States attorney for the District of 
Columbia, acting upon a report by the Secretary of Agriculture, filed in the 
Supreme Court for the district aforesaid, holding a district court, a libel 
praying seizure and condemnation of 7 boxes, each containing thirty 1-pound 
prints of butter, remaining in the original packages at Washington, D.C., 
alleging that the article had been shipped on or about May 24, 1932, by 
the Union Produce Co., Whitewater, Wis., and had been transported from the 
State of Wisconsin into the District of Columbia, and charging misbranding 
in violation of the Food and Drugs Act as amended. The article was labeled 
in part:  (Wrappers) "One Pound Net."
It was alleged in the libel that the article was misbranded in that 
the statement " One Pound Net", borne on the wrapper, was false and mis- 
leading 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 package, since the quantity stated was not correct.
On September 19, 1932, no claimant having appeared for the property, judg- 
ment of condemnation was entered and it was ordered by the court that the 
product be destroyed by the United States marshal.
R. G. TUGWEIX, Acting Secretary of Agriculture.