28593. Roasted peanuts. (F.D.G. No. 47199. S. No. 54-216 T.) QUANTITY: 54 cases, each containing 12 14-oz. jars, and 95 cases, each con- taining 12 9%-oz. jars, at Chicago, Ill. SHIPPED : 2-14-62, from Detroit, Mich., by Abner Wolf, Inc. LABEL IN PART : (Jar) "Planters Dry Roasted Peanuts Less Calories No Oils or Sugar Used In Processing Mfg. by Planters Peanuts A Division of Stand- ard Brands Inc., New York, N.Y." RESULTS OF INVESTIGATION : Examination showed that the article contained ap- proximately 40 percent fat and approximately 30 percent protein. LIBELED : 3-6-62, N. Dist. Ill. CHARGE: 403(a)—when shipped, the label statements, "Less Calories" and "No Oils or Sugar Used In Processing" represented and suggested that the caloric content of the article was significantly different from roasted peanuts generally, and that the article was of unusual value for weight reduction, which state- ments were false and misleading since they were contrary to fact. DISPOSITION : On 3-23-62, Standard Brands, Inc., filed a claim to the article as owner, and, thereafter, an answer denying that the article was misbranded. Subsequently, the Government served written interrogatories upon the claim- ant. On 10-10-62, a consent decree of condemnation was entered, the claimant having consented to the entry of a decree without any adjudication as to any issue of fact or law, and the claimant having represented to the court that the article was fit for human consumption, that the article was not then being marketed by the claimant with the labeling which was challenged in the libel, that such labeling was no longer used by the claimant, and that the claimant believed no useful purpose would be served by contesting the charges of the libel. The article was delivered to a charitable institution. OILS AND FATS