19813. Misbranding of prepared mustard and peanut butter.    IT. S. v. 14
Cases  of  Mustard,  et  al.    Product  ordered released under  bond.
(F. & D. Nos. 28011, 28012.    I. S. Nos. 52341, 52342.    S. No. 6068.)
This case involved the interstate shipment of quantities of prepared mustard 
and peanut butter. Sample jars of both products were found to contain less 
than the declared weight.
On April 15, 1932, the United States attorney for the Eastern District of 
Michigan, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for the district aforesaid a libel praying 
seizure and condemnation of 14 cases of prepared mustard and 24 cases of 
peanut butter at Flint, Mich., alleging that the articles had been shipped in 
interstate commerce on or about March 28, 1932, by the Sure Good Foods (Inc.), 
from Chicago, Ill., to Flint, Mich., and charging misbranding in violation of 
the food and drugs act as amended. The articles were labeled in part: " Oh 
Sam Net Wt. 2 Lbs. Prepared Mustard [or "Peanut Butter"] * * * 
Central Whol. Co., Inc., Flint, Mich."
It was alleged in the libel that the articles were misbranded in that the 
statement on the labels, "Net Wt. 2 Lbs.," was false and misleading and de- 
ceived and misled the purchaser. Misbranding was alleged for the further 
reason that the articles were in package form and the quantity of the contents 
was not plainly and conspicuously marked on the outside of the packages, since 
the statement made was not correct.
On May 18, 1932, the violation of the law having been admitted by the sole 
claimant, and a bond having been executed and filed conditioned that the 
product, if released, would not be sold or disposed of until bnught into com-
pliance with the provisions of the law, judgment was entered ordering that 
the goods be delivered to the manufacturer, the Sure Good Foods (Inc.), 
Chicago, Ill.
HENRY A. WALLACE, Secretary of Agriculture.