3054. Misbranding of peanut butter.   U. S. v. Julius Koehler (Royal Peanut Butter Co.).?
.     Plea of guilty.   Fine, $10 and costs.   (F. & D. No. 5105.   I. S. Nos. 2905-e, 4910-e.)
On July 9, 1913, the United States attorney for the Northern District of Ohio,?
acting upon a report by the Secretary of Agriculture, filed in the District Court of?
the United States for said district an information against Julius Koehler, trading?
as the Royal Peanut Butter Co., Cleveland, Ohio, alleging shipment by said defendant,?
in violation of the Food and Drugs Act, on or about July 31, 1912, from the State of?
Ohio into the State of Minnesota, of a quantity of so-called University Brand Peanut?
Butter which was misbranded. The product was labeled (on jars): "University?
Brand Peanut Butter?Packed at about 12 ounces. Bottled for Winston-Harper-?
Fisher Co., Minneapolis, Minn." (Label on shipping package of part of shipment)?
"1 Doz. 25$ size?University Brand Peanut Butter?Packed at about 12 ounces??
Bottled for Winston-Harper-Fisher Co., Minneapolis, Minn.?Soo Line-Mpls. 105390-?
7-26-12." (Label on shipping package of rest of said shipment) Similar to label?
on retail package with the following added: "2 Dozen 10$ size."
Examination of samples of the product by the Bureau of Chemistry of this depart??
ment showed the following results: Batch 1?(1) Net weight 10? oz., shortage 13.54?
per cent; (2) net weight 10? oz., shortage 14.58 per cent; (3) net weight 10J oz., shortage?
15.62 per cent; (4) net weight 10f oz., shortage 13.54 per cent; (5) net weight 10|?
oz., shortage 15.62 per cent; (6) net weight lOf oz., shortage 11.45 per cent; (7) net?
weight lOf oz., shortage 13.54 per cent; (8) net weight 10 oz., shortage 16.66 per cent;?
average contents 10.28 oz., average shortage 14.33 per cent. Batch 2?(1) Net weight?
9| oz., shortage 17.7 per cent; (2) net weight 10 oz., shortage 16.66 per cent; (3) net?
weight 10 oz., shortage 16.66 per cent; (4) net weight lOf oz., shortage 13.54 per cent;?
(5) net weight 9| oz., shortage 19.79 per cent; (6) net weight lOf oz., shortage 14.58?
per cent; (7) net weight 10-J oz., shortage 15.62 per cent; (8) net weight 10 oz., shortage?
16.66 per cent; (9) net weight lOf oz., shortage 13.54 per cent; (10) net weight lOf?
oz., shortage 14.58 per cent; average shortage 15.9 per cent. Misbranding of the?
product was alleged in the information for the reason that the statement on the?
label thereof, "Packed at about 12 ounces," was false and misleading, as it con??
veyed the impression that the net contents of the containers on which the state??
ment appeared was 12 ounces, whereas, in fact, the net contents thereof was less than?
12 ounces, there being an average shortage in the packages weighed of 14.33 per cent?
in one sample and 15.9 per cent in another sample. Misbranding was alleged for the?
further reason that the product was labeled and branded so as to mislead and deceive?
the purchaser into the belief that each package thereof contained 12 ounces, whereas?
in fact the contents of a number of said packages showed an average shortage of?
approximately 15  per cent.    It was  further alleged in the information that the
280	
BUREAU  OE  CHEMISTRY.	
[April, 1914.
offense set forth therein was a second offense under the terms of the act of June?
30, 1906.
On September 18, 1913, the defendant entered a plea of guilty to the information?
and the court imposed a fine of $10 and costs.
B. T. GALLOWAY, Acting Secretary ofAgriculture.
WASHINGTON, D. C, April 14, 1914-