29135. Mishrandlnsr of ponnnt butter.     V. S. v. IS Cases and 233 Cases of Peannt
Putter.     T>e*n»«'»t d«»«*re«»s  nf <»o?iipnina n'>  full destruction.     (F. & D.
Noa. 423R1. 42397.    Sample Nos. 16374-D, 16376-D.)
This product was short weight.
On May 10 and 14, 1938. the United States attorney for the Eastern District 
of Louisiana, acting unon reports by the Secretary of Agriculture. fried in the 
district court two libels praying seizure and condemnation of 251 cases of 
peanut butter at New OrlKans. La.: alleging that the article had been shinned in 
interstate commerce on March 4 and 11. 1938. from Brunflidee. Ala., bv J. D 
Jobncfon. Jr. Co. Inc.: and chareine misbranding in violation of the Food 
and Drugs Act. The article was labeled in part: "Johnston's * * * Peanut 
Butter   *   *   *   Packed by J. D. Johnston Jr. Co. Inc. Brundidge, Ala."
The article was alleged to be misbranded in that the statements "8 [or "32"] 
Oz. Net Wt. When Packed," on the label, were 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 con- 
tents was not plainly and conspicuously marked on the outside of the package 
since the quantities stated were not correct.
On June 27, 1938, no claimant having appeared, judgments of condemnation 
were entered and the product was ordered destroyed.
HARRY L. BROWN, Acting Secretary of Agriculture.