8795. Adulteration and misbranding of peanut butter. V. S. v. 39 Cases and 38 
Cases of Peanut Butter. Default decree of condemnation and destruc- 
tion.     (F. D. C. No. 7401.    Sample Nos. 84586-E, 84587-E.)
Examination showed that this product contained dirt; also that a portion was 
short of the declared weight.
On April 28, 1942, the United States attorney for the Northern District of 
New York filed a libel against 77 cases, each containing 12 jars of peanuc butter— 
39 cases at Syracuse, N. Y., and 38 cases at Oswego, N. Y., alleging that the 
article had been shipped in interstate commerce on or about March 23, 1942, by 
the Old Reliable Peanut Co. froni Suffolk, Va.; and charging that it was adul- 
terated and, misbranded. It was labeled in part: "Golden Tint Brand * * * 
Peanut Butter   2 Lbs. Net Weight [or "24 ozs. Net Weight"]." '
The article was alleged to be adulterated in that it consisted in whole or in 
part of a filthy substance. The lot seized at Oswego was alleged to be mis- 
branded (1) in that the statements "2 Lbs. Net Weight" and "24 Ozs. Net Weight" 
were false and misleading as applied to an article that was short weight; and 
(2) in that it was in package form and did not bear a label containing an accurate 
statement of the quantity of the contents.
On June 12, 1942, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed.