28642. Misbranding of peanut butter.    U. S. v. 240 Cases and 219 Cases of Peanut
Butter.     Decree  of condemnation.     Product released under bond for 
repacking.     (F. & D. Nos. 40110, 40111, 40112.    Sample No. 52244-C.)
Samples of this product were found to be short weight.
On August 12, 1937, 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 459 cases of peanut 
butter at Los Angeles, Calif., alleging that the article had been shipped in 
interstate commerce on or about July 7, 1937, by the Old Reliable Peanut Co. 
from Suffolk, Va., and charging misbranding in violation of the Food and 
Drugs act as amended. The article was labeled in part: "Golden Tint Brand 
Peanut Butter, Old Reliable Peanut Co., Suffolk, Va., 12 ozs. [or "1 lb."] Net 
Weight."
It was alleged to be misbranded in that the statements "12 ozs. Net "Weight" 
and "1 Lb. Net Weight" were false and misleading and tended to deceive and 
mislead purchasers when applied to a product 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 quantity stated 
thereon was not correct.
On August 26,1937, the Old Reliable Peanut Co., claimant, having admitted the 
allegations of the libel, judgment of condemnation was entered and the product 
was ordered released under bond for repacking under the supervision of this 
Department
W. R. GBEGG, Acting Secretary of Agriculture.