29082. Misbranding of peanut butter.    U. S. v. 21 Cases of Peanut Butter.    De¬
fault decree of condemnation and destruction. (F. & D. No. 42235. 
Sample No. 16371-D.)
This product was short weight.
On April 23, 1938, the United States attorney for the Eastern District of 
Louisiana, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 21 cases of peanut 
butter at New Orleans, La.; alleging that the article had been shipped in inter- 
state commerce on or about March 11, 1938, from Dothan, Ala., by Dothan Oil 
Mill Co.; and charging misbranding in violation of the Food and Drugs Act. 
The article was labeled in part: "Domco Fine Quality Peanut Butter Made by 
Dothan Oil Mill Co., Dothan, Ala."
It was alleged to be misbranded in that the statement on the label, "Net 
Wt. 16 Ozs.," was false and misleading and tended to deceive and mislead the 
purchaser when applied to an article that was short weight; and that it was 
food in package form and the quantity of contents was not plainly and conspicu- 
ously marked on the outside of the package, since the quantity stated was 
not correct and was not declared in terms of the largest unit contained in the 
package.
On May 24, 1938, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.