21961. Misbranding of   butter.    U.   S.   v.   13  Boxes   of  Butter.    Decree   of
condemnation    and    forfeiture.     Product    released    under    bond.
(F. & D. no. 31857.    Sample no. 58105-A.)
Sample cartons of butter taken from the shipment involved in this case were 
found to contain less than 1 pound, the labeled weight.
On December 21, 1933, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the dis- 
trict court a libel praying seizure and condemnation of 13 boxes of butter at
Northampton, Mass., consigned about December 18, 1933, alleging that the 
article had been shipped in interstate commerce, by the Modern Butter & Egg 
Co., from New York, N.Y., and charging misbranding in violation of the Food 
and Drugs Act as amended.   The article was labeled in part: " One Pound Net."
It was alleged in the libel that the article was misbranded in that it was 
food in package form and the quantity of the contents was not plainly and con- 
spicuously marked on the outside of the package, since the statement of weight 
was incorrect.
On February 8, 1934, the Modern Butter & Egg Corporation, New York, N.Y., 
having appeared as claimant for the property and having admitted the allega- 
tions of the libel, judgment of condemnation and forfeiture was entered, and 
it was ordered by the court that the product be released to the claimant upon 
payment of costs and the execution of a bond in the sum of $200, conditioned 
that it should not be sold or disposed of in violation of the law. The article 
was reprinted in full pound prints.
M. L. WILSON, Acting Secretary of Agriculture.