5400. Misbranding of peanut butter. IT. S. v. 1,098 Cases of Peanut Butter. Con¬ sent decree of condemnation. Product ordered released under bond for repackaging. (F. D. C. No. 9918. Sample No. 45078-F.) < ¦ On May 10, 1943, the United States attorney for the Eastern District of New York filed a libel against 1,098 cases, each containing 12 jars, of peanut butter at Brooklyn, N. Y., alleging that the article had been shipped in interstate com- merce on or about March 31, 1943, by the Wilmar Manufacturing Co. from Phil- adelphia, Pa.; and charging that it was misbranded. The article was labeled in part: (Jars) "Bohack's Quality Stores * * * Peanut Butter * * * Net Weight 1 Lb." The article was alleged to be misbranded in that the statement "Net Weight 1 Lb." was false and misleading,as applied to an article that was short-weight, and in that it was in package form and failed to bear a label containing an accu- rate statement of the quantity of the'contents. On June 22, 1943,' the H. C. Bohack Co.,. Inc., of Brooklyn, N. Y., claimant, having admitted the allegations of the libel and having consented to the entry of a decree, judgment of condemnation was entered and the product was ordered released under bond to be returned to the manufacturer for repacking to the declared weight, under the supervision of the Food and Drug Administration.