12032. Misbranding: of chocolate peanut Imtter bars. IT. S. v. Baltimore 
Candy Co., a Corporation.    Plea  of guilty.    Fine,  $25  and  costs.
(F. & D. No. 17701.    I. S. No. 2731-v.)
On October 3, 1923, the United States attorney for the District of Maryland, 
acting upon a report by the Secretary of Agriculture, filed in the District Court 
of the United States for said district an information against the Baltimore 
Candy Co., a corporation, Baltimore, Md., alleging shipment by said company, 
in violation of the Food and Drugs Act, as amended, on or about March 25, 1923, 
from the State of Maryland into the State of Pennsylvania, of a quantity of 
chocolate peanut butter bars which were misbranded. The article was labeled 
in part: " Superior Meltaway Chocolate Peanut Butter Net weight 2 oz. Manu- 
factured By Baltimore Candy Co. Baltimore, Md."
Examination of samples of the article by the Bureau of Chemistry of this 
department showed that the average net weight of 36 bars was 1.90 ounces.
Misbranding of the article was alleged in the information for the reason that 
the statement, to wit, " Net weight 2 oz.," borne on the packages containing the 
article, regarding the said article, was false and misleading in that it repre- 
sented that each of said packages contained 2 ounces net weight of the article, 
and for the further reason that it was labeled as aforesaid so as to deceive 
and mislead the purchaser into the belief that each of said packages contained 
2 ounces net weight of the article, whereas, in truth and in fact, each of said 
packages did not contain 2 ounces net weight of the said article but did contain 
a less amount. Misbranding was alleged for the further reason that the article 
was food in package form and the quantity of the contents was not plainly and 
conspicuously marked on the outside of the package.
On October 5, 1923, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $25 and costs.
C. F. MAEVIN, Acting Secretary of Agriculture.