679. Adulteration and misbranding of peanut butter.    U. S. v. 16 Cases and 24
Cases   of   Peanut   Butter.      Default   decrees   of   condemnation   and   de- 
struction.     (F. D. C. Nos. 1755,  1922.    Sample Nos. 9181-E,  16034-E.)
Samples from one lot of this product were found to be short weight; and 
those taken from the other lot were found to contain insect fragments, dirt, 
rodent hairs, and rodent excreta.
On April 4 and May 7, 1940, the United States attorneys for the Eastern 
District of Oklahoma and the Eastern District of Louisiana filed libels against 
16 cases, each containing six 5-pound pails, of peanut butter at McAlester, 
Okla., and 24 cases, each containing 24 8-ounce jars, of peanut butter at Baton 
Rouge, La., alleging that the article had been shipped in interstate commerce 
on or about January 12 and April 13, 1940, by the Texaf Peanut Products Co. 
from Houston, Tex.; and charging that the former shipment was adulterated 
and that the latter was misbranded. One lot was labeled in part: "Net Weight 
8 oz.   Danny Boy Brand Peanut Butter."
One shipment was alleged to be adulterated in that it consisted in whole or in 
part of a filthy, putrid, and decomposed substance and was otherwise unfit 
for food; this shipment was alleged to be adulterated further in that it had 
been prepared, packed, and held under insanitary conditions whereby it had 
become contaminated with filth.
The other shipment was alleged to be misbranded in that the statement "Net 
Wt. 8 oz." was false and misleading since it was incorrect, and in that it was 
in package form and did not bear an accurate statement of the quantity of 
contents.
On May 20 and June 3, 1940, no claimant having appeared, judgments of 
condemnation were entered and the product was ordered destroyed.