26401. Misbranding of  peanut  butter.     U.   S.  v.   185   Cases   of  Peanut  Butter.
Decree   ordering  release   of   product  under  bond.     (F.   &  D.  no.   38103. 
Sample no. 3256-C.)
This case involved jars of peanut butter that were short in weight.
On July 29, 1936, the United States attorney for the Southern District of 
California, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 185 cases of peanut 
butter at San Diego, Calif., alleging that the article had been shipped in 
interstate commerce on or about June 18, 1936, by Southgate Foods, Inc., from 
Norfolk, Va., and charging misbranding in violation of the Food and Drugs 
Act as amended. The article was labeled in part: "Lynnhaven Brand Peanut 
Butter Contents 1 Lb., Southgate Foods, Inc. Norfolk, Va."
The article was alleged to be misbranded in that the statement "Contents 
1 Lb.", borne on the label, was false and misleading and tended to deceive and 
mislead the purchaser when applied to an article that was short in weight; 
and in that It was food in package form and the quantity of contents was not 
plainly and conspicuously marked on the outside of the package, since the 
quantity stated was not correct
On August 17, 1936, Southgate Foods, Inc., having appeared as claimant, 
judgment was entered ordering that the product be released under bond con- 
ditioned that the short-weight jars be repacked under the supervision of this 
Department
M. L. WILSON, Acting Secretary of Agriculture.