870. Misbranding of cookies. U. S. v. 320 Packages of Cookies. Default decree 
of condemnation and destruction.    (F. D. C. No. 1286.    Sample No. 71318-D.)
This product was deceptively packaged, since its container was filled only 
to approximately 52 percent of its capacity; and the statement of the quantity 
of contents was printed on the bottom of the package.
On January 8, 1940, the United States attorney for the District of Arizona 
filed a libel against 320 packages of cookies at Globe, Ariz., alleging that the 
article had been shipped in interstate commerce on or about November 30, 
1939, by Davies Warehouse Co. from Los Angeles, Calif.; and charging that 
it was misbranded. The articlemas labeled in part: "Nutt Bros Big Buy 
Cookies." 
.& b<.:¦¦
It was alleged to be misbranded in that its container was so made, formed, or 
filled as to be misleading; and in that the required statement of the quantity 
of contents was not prominently placed on the label with such conspicuousness 
as to render it likely to be read by the ordinary individual under customary con- 
ditions of purchase and use.
On February 21, 1940, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed.
DAIRY PRODUCTS
BUTTER
Nos. 371—385, inclusive, of this publication report the seizure and disposi- 
tion of butter which contained less than 80 percent of milk fat. (The act of 
Congress defining butter and providing a standard therefor, which is made 
applicable to the provisions of this act, requires that butter shall contain not 
less than 80 percent by weight of milk
1 fat.)