17007. Misbranding of process butter.     U. S. v. 118 Tubs of Process Butter.
Consent decree of condemnation and forfeiture.     Product released 
under bond.    (F. & D. No. 24210.    I. S. No. 016146.    S. No. 2425.)
On or about November 13, 1929, the United States attorney for the Northern 
District of Illinois, acting upon a report by the Secretary of Agr culture, filed 
in the District Court of the United States for said district a libel pray ng 
seizure and condemnation of 118 tubs of process butter at Chicago, Ill., alleg- 
ing that the article had been shipped by Armour & Co., from Kansas City, Mo., 
September 20, 1929, and transported from the State of Missouri ,nto the State 
of Illinois, and charging misbranding in violation of the food and drugs act 
as amended. The article bore among others the following- mark ngs: (Stencil) 
"'Process Butter * * * 70 7 63;" (revenue Stamp) "60 Pounds-Sixty 
Pounds ; " (3 strips each bearing statement) " 1 lb."
Misbranding of the article was alleged in the l'bel for the reason that the 
statements borne on the tubs were false, and misled and deceived the pur- 
chaser in that the statement " 63" represented that each tub contained 63 
pounds net of butter; for the further reason that the statement " 70 7 63," on 
the label, was false and misleading; and for the further reason that the article 
was in package form and failed to bear a statement of the contents plainly 
and conspicuously marked on the outside of the package in terms of weight 
and measure, since the quantity was not correctly stated.
On December 14, 1929, Armour & Co., Chicago, Ill., claimant, having admitted 
the allegations of the libel and having consented to the entry of a decree, 
judgment of condemnation and forfeiture was entered, and it was ordered by 
the court that the product be released to the said claimant to be reconditioned 
upon payment of costs and the execut'on of a bond in the sum of $1,000. 
conditioned in part that it should not be sold or otherwise disposed of 
contrary to law.
ARTHUR M. HYDE, Secretary of Agriculture.