19531. Misbranding of peannt butter.    U. S. v.  Commercial Creamery Co.
Plea of suilty.    Fine, 925.     (F. & D. No. 26693.    I. S. No. 12544.)
Sample cans of peanut butter from the shipment herein described having 
been found to contain less than the declared weight, the Secretary of Agri- 
culture reported the matter to the United States attorney for the Eastern 
District of Washington.
On Oetober 26, 1931, the United States attorney filed in the District Court 
of the United States for the district aforesaid an information against the 
Commercial Creamery Co., a corporation, Spokane, Wash., alleging shipment 
by said company, in violation of the food and drugs act as amended, on or 
about May 21, 1931, from the State of Washington into the State of Idaho, 
of a quantity of peanut butter that was misbranded. The article was labeled 
in part: (Can) "Net Weight 1 Pound Batsum Brand Peanut Butter * * * 
Manufactured by Commercial Creamery Company, Spokane, Wash."
It was alleged in the information that the article was misbranded in that 
the statement "Net Weight 1 Pound," borne on the cans containing the said 
article, was false and misleading, and for the further reason that it was 
labeled so as to deceive and mislead the purchaser, since the said cans con- 
tained less than 1 pound of the article. Misbranding was alleged for the fur- 
ther 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, since the cans contained less than represented.
On April 13, 1932, a plea of guilty to the information was entered on behalf 
of the defendant company, and the court imposed a fine of $25.
ABTHUB M. HYDE, Secretary of Agriculture.