25583.  Misbranding1 of peanut butter.     17. S. v. Williamson Candy Go.     Plea of 
guilty.    Fine, $50.     (F.  & D. no. 35904.    Sample nos. 38879-A, 70098-A.)
This case was based on interstate shipments of peanut butter, the packages of 
which were short in weight.
On August 19, 1935, the United States attorney for the Eastern District of 
New York filed in the district court an information against the Williamson 
Candy Co., a corporation, Brooklyn, N. Y., charging shipment by said corporation 
in violation of the Food and Drugs Act, on or about March 21 and March 28, 
1934, from the State of New York into the State of New Jersey, and on May 19, 
1934, from the State of New York into the State of California, of quantities of 
peanut butter that was misbranded. The article in the shipments into the State 
of New Jersey was labeled: " 'Makes and Keeps Friends' American House 
Peanut Butter Net Weight 2 Lbs. American Grocery Company Distributors, 
Hoboken, N. J." The article in the shipment into the State of California was 
labeled: "Princess Pat Peanut Butter Contents 9 oz. Williamson Candy Co. 
Chicago Brooklyn."
The article in the shipments into New Jersey was alleged to be misbranded 
in that the statement "Net Weight 2 Lbs.", borne on the label on the jars con- 
taining the article, was false and misleading, and in that by reason of said 
statement the article was labeled so as to deceive and mislead the purchaser, 
since it represented that each of the jars contained 2 pounds of the article; 
whereas in fact each of the jars contained less than 2 pounds of the article. 
The article in the shipments into New Jersey 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 quantity of the contents in the package was less than 2 pounds, the quantity 
stated.
The article in the shipment into the State of California was alleged to be 
misbranded in that the statement, "Contents 9 oz.", borne on the jars contain- 
ing the article, was false and misleading, and in that by reason of said statement 
the article was labeled so as to deceive and mislead the purchaser, since it 
represented that each of the jars contained 9 ounces of the article; whereas in 
fact each of the jars contained less than 9 ounces of the article. The article 
in the shipment into California 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 quantity of the 
contents in the package was less than 9 ounces, the quantity stated.
On April 9, 1936, the defendant entered a plea of guilty and the court Imposed 
a fine of $50.
W. R. GREGG, Acting Secretary of Agriculture.