16303. Misbranding of butter. TJ. S. v. 10 Cases of Quality Butter.. Default 
decree of condemnation, forfeiture, and destruction.     (F. & D. No.
23077.    I. S. Nos. 0822, 0823.    S. No. 1110.)
On August 3, 1928, the United States attorney for the Northern District of 
Alabama, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel praying seizure and 
condemnation of 10 cases of butter, remaining in the original unbroken packages 
at Birmingham, Ala., alleging that the article had been shipped by the Lowndes 
County Cooperative Dairy Association, Columbus, Miss., on or about July 30, 
1928, and July 31, 1928, and transported from the State of Mississippi into 
the State of Alabama, and charging misbranding in violation of the food and 
drugs act as amended. The article was labeled in part: (Cases) "From 
Lowndes County Cooperative Dairy Association, Dairy Products, Columbus, 
Mississippi;" (retail packages) "One Pound Net Quality Butter, Pure, Sani- 
tary, Fresh."
It was alleged in substance in the libel that the article was misbranded in 
that the statement " One Pound Net Quality Butter, Pure, Sanitary, Fresh," 
borne on the label, was false and misleading and deceived and misled the 
purchaser, and in that the article was food in package form and the package 
bore a statement of weight and measure, which said statement was not a plain 
and correct statem'ent of the average net weight and volume of the contents of 
said package, in that the said packages contained by weight an unreasonable 
amount of butter less than 1 pound net.
On December 27, 1928, no claimant having appeared for the property, judg- 
ment of condemnation and forfeiture was entered, and it was ordered by the 
court that the product be destroyed by the United States marshal.
ARTHUR M. HYDE, Secretary of Agriculture.