28419. Misbranding of peanut butter.     U. S. v. 200 Cases of Peanut Butter (and
2 other seizures of the same product). Decrees of condemnation. 
Product released under bond for relabeling-. (F. & D. Nos. 40947, 40996, 
41902.    Sample Nos. 61245-C, 61247-C.)
This product was short of the declared weight.
On November 30 and December 2, 1937, and March 8, 1938, the United States 
attorney for the Eastern District of Louisiana, acting upon reports by the 
Secretary of Agriculture, filed in the district court libels praying seizure and 
condemnation of 441 cases of peanut butter at New Orleans, La., alleging that 
the article had been shipped in interstate commerce on or about October 14 
and November 8, 1937, and January 12, 1988, from Jackson, Miss., by the South- 
land Peanut Products Co., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: "Southland Peanut 
Butter Manufactured by Southland Peanut Products Co., New Brockton, Ala. 
Jackson, Miss."
It was alleged to be misbranded in that the statements, "Net Wt. 16 Ozs." and 
"Net Wt. Eight Ozs.," borne on the labels were false and misleading and tended 
to deceive and mislead the purchaser as applied to an article that was short 
weight; and 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 said statements were incorrect.
On December 14, 1937, and April 14, 1938, Frank H. Murphree, trading as 
the Southland Peanut Products Co., claimant, having admitted the allegations 
of the libels, judgments of condemnation were entered and the product was 
ordered released under bond conditioned that it be relabeled.
HARRY L. BROWN, Acting Secretary of Agriculture.