5139. Misbranding of honey and peanut butter. TJ. S. V..BC & M Packing Co., Inc.
Plea of guilty.    Fine, $1,000.    (F. D. C. No. 9667.    Sample Nos. 17057-F, 
18547-F.)
On November 24, 1943, the United States attorney for the Eastern District of 
New York filed an information against the H & M Packing Co., inc., at Brooklyn, 
N. Y-, alleging (1) that the defendant, on or about February 18, 1943, shipped 
from Brooklyn, N.Y., to Worcester, Mass., and caused to be shipped, from 
Worcester, Mass., back to Brooklyn, N. Y., a quantity of honey,; and (2) that 
the defendant on or about March 13,1943, shipped from Brooklyn, N. Y., to Asbury; 
Park, N. J., a quantity of peanut butter. The articles were labeled in part: 
(Cases) "12 3 lbs.," and (jars) "Alice Lee Honey 3 lbs. Distributed by New 
England Grocer Supply Co. Worcester, Massachusetts," or "Champion Brand 
Peanut Butter   *   *    *   Net Wt. 1 Lb."
The honey was alleged to be misbranded in that the statement "3 lbs" borne 
on the eases and jars was false and misleading since the jars did not contain 3 
pounds of honey but contained a smaller amount. The peanut butter was alleged 
to be misbranded in that the statement "Net Wt 1 lb." borne on the jar was false 
and misleading since, the jars did not contain 1 pound net weight of peanut 
butter but contained a smaller amount. Both products were alleged to be mis- 
branded further in that they were in package form and failed to bear labels, 
containing accurate statements of the quantity of the contents, since the state- 
ments borne on the labels were incorrect.
On January 12, 1944, a plea of guilty having been entered on behalf of the: 
defendant corporation, the court imposed a fine of $1,000.