1197. Misbranding of sugar-coated peanuts.    IJ. S. v. 14 Cartons of Sugar-coated 
Peanuts.    Default decree of condemnation and destruction.    (F. D. C. No.
2174.    Sample No. 14675-E.)
This product was packed in baskets which had cardboard Inserts in the bottom 
occupying an average of about 20 percent of the package. The label was incon- 
spicuously placed on the bottom of the containers. Some of the packages failed 
to bear the address of the packer; and the label did not bear the common or 
usual name of the article or a list of ingredients.
On June 5, 1940, the United States attorney for the Eastern District of 
Pennsylvania filed a libel against 14 cartons of sugar-coated peanuts at Allen- 
town, Pa., alleging that the article had been shipped in interstate commerce on 
or about May 11, 1940, by the Oakdale Pretzel & Nut Co., Inc., from New York, 
N. Y.; and charging that it was misbranded. It was labeled in part: "Garden 
of Allah Nuts."
The article was alleged to be misbranded in that its containers were so made, 
formed, or filled as to be misleading; and in that it was food in package form 
and some of the packages did not bear the place of business of the manufacturer, 
packer, or distributor. It was alleged to be misbranded further in that the 
information required by law to appear on the label was not prominently placed 
thereon with such conspicuousness as to render it likely to be read by the ordinary 
individual under customary conditions of purchase and use; in that its label did 
not bear the common or usual name of the food, namely, peanuts; and in that 
It was labeled in part: (Tag) "Stanard's Best Flour" or "Stanard's * * * 
usual name of each ingredient.
On June 24,1940, no claimant having appeared, judgment of condemnation was 
entered and the product was ordered destroyed.
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