28063. Misbranding of peanut butter.   U. S. v. 37 Cases of Peanut Butter.    De¬
fault decree of condemnation.    Product delivered to a charitable insti- 
tution.    (F. & D. No. 40224.   Sample No. 31607-C.)
This product was short weight.
On August 31, 1937, the United States attorney for the Western District 
of Kentucky, acting upon a report by the Secretary of Agriculture, filed in 
the district court a libel praying seizure and condemnation of 37 cases of 
peanut butter at Louisville, Ky., alleging shipment in interstate commerce on 
or about June 29, 1937, from New Brockton, Ala., by Southland Peanut Prod- 
ucts Co., and charging misbranding in violation of the Food and Drugs Act
as amended.   The article was labeled in part: "Contents 12 Ozs.   Net When 
Packed   *    *    *   Manufactured for A. Wahking & Sons, Louisville, Ky."
It was alleged to be misbranded in that the statement on the label, "Con- 
tents 12 Ozs. Net When Packed," was false and misleading and tended to 
deceive and mislead the purchaser when applied to an article that was short 
weight; 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 quantity was not stated correctly.
On December 18, 1937, no claimant having appeared, judgment of con- 
demnation was entered and it was ordered that the product be turned over 
to a charitable institution.
HARRY L. BROWN, Acting Secretary of Agriculture.