923. Misbranding of   peanut   butter.     TJ.   S.   v.   24   Cartons   of  Peanut  Butter. 
. Default decree of condemnation.    Product ordered delivered to a chari- 
table institution.    (F. D. C. No. 1107.    Sample No. 78536-D.)
This product was short of the declared weight.
On December 5, 1939, the United States attorney for the Southern District 
of West Virginia filed a libel against 24 cartons of peanut butter -at Mabscott, 
W. Va., alleging that the article had been shipped in interstate commerce on or 
about September 27, 1939, by Old Reliable Peanut Co. from Suffolk, Va.; and 
charging that it was misbranded. It was labeled in part: "Golden Tint 
Brand Peanut Butter."
The article was alleged to be misbranded in that the statements, (carton) 
"12 Oz." (jars) "12 Ozs. Net "Weight," were false and misleading since the 
average net weight found was 11.53 ounces; it was alleged to be misbranded 
further in that it was in package form and did not bear an accurate statement 
of the quantity of the contents.
On January 27, 1940, no claimant having appeared, judgment of condemna- 
tion was entered and the product was ordered destroyed. On May 13, 1940, 
the decree was amended to provide for distribution of the product to a charir 
table institution.
SACCHARINE PRODUCTS
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CANDY