27319. Misbranding of butter.    U. S. v. 50  Cartons and 50 Cartons of Butter.
Consent decree of condemnation. Product released under bond to be 
reconditioned.    (F. & D. no. 39293.    Sample nos. 29767-C, 29768-C.)
This case involved butter that was short weight.
On March 12, 1937, the United States attorney for the Western District of 
Pennsylvania, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 50 cartons of print 
butter and 50 cartons of roll butter at Pittsburgh, Pa., alleging that the article 
had been shipped in interstate commerce on or about February 28, 1937, by 
Cloverleaf Creameries, Inc., from Decatur, Ind., and charging misbranding in
violation of the Food and Drugs Act. The article was labeled in part: "Extra 
Quality Cloverleaf Brand Butter Net Wt. One Pound * * * Cloverleaf 
Creameries, Inc., Decatur   *    *    *   Indiana."
It was alleged to be misbranded in that the statement appearing on the label, 
"Net Wt. One Pound", was false and misleading and tended to deceive and 
mislead the purchaser; and in that it 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 made was not correct.
On April 29. 1937, the Cloverleaf Creameries, Inc., claimant, having admitted 
the allegations of the libel and having consented to the entry of a decree, 
judgment of condemnation was entered and it was ordered that the product 
be released under bond to be reconditioned under the supervision of this 
Department.   The butter was reprinted into full weight 1-pound rolls.
H. A. WALLACE, Secretary of Agriculture.