26948. Misbranding of  butter.     U.   S.  v.   15   Cases  and  12   Cartons  of  Butter.
Default decree of condemnation and destruction. (F. & D. no. 38454. 
Sample no. 13663-C.)
This product was short in weight.
On October 8, 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 15 cases, 30 cartons 
each, and 12 separate cartons of butter at New Orleans, La., alleging that the 
article had been shipped in interstate commerce on or about September 29,1936, 
by the Kraft-Phenix Cheese Corporation from Water Valley, Miss., and charg- 
ing misbranding in violation of the Food and Drugs Act. It was labeled in 
part:  (Carton) "Elkhorn Pure Creamery Butter One Pound Net."
The article was alleged to be misbranded in that the statements, "One Pound 
Net Weight" on the cartons, and "1-lb. Prints" on the shipping case, were false 
and misleading since the cartons contained less than 1 pound. It was alleged 
to be misbranded further 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 December 29, 1936, no claimant having appeared, judgment of condem- 
nation was entered and it was ordered that the product be destroyed.
W. R. GREGG, Acting Secretary of Agriculture.