20832. Misbranding of   butter.    U.   S.   v.   6   Cartons   of   Butter.    Product
released under bond. (F. & D. no. 30083. Sample nos. 28159-A, 
28160-A.)
This action involved a quantity of butter, sample cartons of which were 
found to contain less than 1 pound, the declared weight.
On March 13, 1933, the United States attorney for the District of New 
Mexico, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States a libel praying seizure and condemnation 
of 6 cartons of butter at Santa Fe, N.Mex., alleging that the article had been 
shipped in interstate commerce, on or about February 21 and February 28, 
1933, by the Carlson-Frink Co., from Denver, Colo., to Santa Fe, N.Mex., and 
charging misbranding in violation of the Food and Drugs Act as amended. 
The article was labeled in part: " Mountain Kist Butter, A. Frink Product, One 
Pound Net   *   *   *   Carlson-Frink Co., Denver, Colo."
It was alleged in the libel that the article was misbranded in that the state- 
ment, " One Pound ", borne on the label, was false and misleading and deceived 
and misled the purchaser, since the packages contained less than 1 pound. 
Misbranding was alleged for the further reason that the article was in package 
form and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package, since the statement made was incorrect
The Carlson-Frink Co., Denver, Colo., appeared as claimant for the property, 
and admitted the allegations of the libel, and filed a good and sufficient bond 
conditioned that the product should not be disposed of in violation of the law. 
On April 10, 1933, a decree was entered ordering the butter released to the 
claimant, and permitting its shipment to Denver in order that the contents 
of the cartons be brought up to the declared weight; and further ordering 
that claimant pay costs of the proceedings.
R. G. TUGWELL, Acting Secretary of Agriculture.