1185. Misbranding of peanut butter.   V. S. v. 57 and Ill Cases of Peanut Butter.
Default decrees of condemnation. Portion of product destroyed; re- 
mainder ordered delivered to a charitable institution. (F. D. C. Nos. 1864, 
1865.    Sample Nos. 646-E, 654-E.)
This product was short weight.
On April 26, 1940, the United States attorneys for the Eastern District of 
South Carolina and the Western District of South Carolina filed libels against 
57 cases of peanut butter at Columbia and Ill cases at Greenville, S. C., alleging 
that the article had been shipped in interstate commerce within the period from 
on or about February 25 to March 13, 1940, by the Dillon Candy Co. from 
Jacksonville, Fla.; and charging that it was misbranded. The article was 
labeled in part: (Jars) "Best-Ever Brand [or "Fresh Maid"] Peanut Butter."
The article was alleged to be misbranded in that the statements "Net One Lb.," 
"Net 2 Lbs," or "Net Two Lbs.," borne on the labels, were false and misleading
since they were incorrect. 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 May 31 and June 12, 1940, no claimant having appeared, judgments of 
condemnation were entered and the lot seized at Columbia, S. C, was ordered 
destroyed and the lot seized at Greenville, S. C., was ordered delivered to a 
charitable institution after the labels had been obliterated.