26474. Misbranding of butter.     U.  S.  v. 4  Cases  of  Butter.     Default  decree of
condemnation and destruction.     (F. & D. no. 38504.    Sample no. 13856-C.)
This case involved butter that was short weight.
On October 24, 1936, the United States attorney for the Eastern District of 
Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of four cases of butter 
at New Orleans, La., alleging that the article had been shipped in interstate 
commerce on or about October 13, 1936, by the Jerpe Dairy Products Corpora- 
tion from Fayetteville, Ark., and charging misbranding in violation of the Food 
and Drugs Act as amended. The article was labeled in part: (Retail carton) 
"Clear Brook Creamery Butter Distributed by Wilson & Co.   *   *   *   Chicago, Ill.
The article was alleged to be misbranded in that it was labeled, "Net Weight 
1 Pound" on the cartons, "14 lb. Net Weight" on the parchment wrappers, and 
"32 lbs. net" on the shipping cases, which statements were false and misleading 
in that the packages contained less than declared. It was further alleged to 
be misbranded in that it was food in package form and the quantity of con- 
tents was not plainly and conspicuously marked on the outside of the package 
since the quantity stated on the package was not correct.
On November 27, 1936, no claimant having appeared, judgment of condem- 
nation was entered and it was ordered that the product be destroyed.
M. L. WILSOIT, Acting Secretary of Agriculture.