23047. Misbranding of peanut butter.     IT. S. v. 49 Cases  of Peanut Butter.
Product  ordered  released  under  bond  to  be  relabeled.     (F. & D.
no. 33003.    Sample no. 72392-A.)
Sample jars of peanut butter taken from the shipment involved in this case 
were found to contain less than 1 pound, the weight declared on the label.
On June 27, 1934, the United States attorney for the District of Utah, acting 
upon a report by the Secretary of Agriculture, filed in the district court a 
libel praying seizure and condemnation of 49 cases of peanut butter at Salt 
Lake City, Utah, alleging that the article had been shipped in interstate 
commerce, on or about August 7, 1933, by the National Fruit Canning Co.. 
from Seattle, Wash., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: (Jar) "Contents 
One Lb. Valamont Brand Peanut Butter National Fruit Canning Co., Seattle, 
Wash."
The article was alleged to be misbranded in that the statement on the label, 
" Contents One Lb.", was false and misleading and tended to deceive and mis- 
lead the purchaser, and in that it was food in package form and the quantity 
of the contents was not plainly and conspicuously marked on the outside of 
the package, since the statement made was incorrect.
The National Fruit Canning Co. filed a claim and answer admitting the 
allegations of the libel, paid court costs, and petitioned release of the product 
under bond for relabeling. On July 14, 1934, judgment was entered permitting 
its release and ordering that it be relabeled under the supervision of this 
Department.
M. L. WILSON, Acting Secretary of Agriculture.