30176. Misbranding of  peanut  butter.     IT.   S.  v.  John  D.  Johnston,  Jr.   (J.  D.
Johnston, Jr. Co.). Plea of guilty. Fine, $100. (F. & D. No. 42604. 
Sample Nos. 16374-D, 16376-D, 24418-D, 24419-D, 29036-D.)
This product was short of the declared weight
On January 25, 1939, the United States attorney for the Middle District of 
Alabama, acting upon a report by the Secretary of Agriculture, filed in the 
district court an information against John D.* Johnston, Jr., trading as J. D. 
Johnston, Jr. Co., Brundidge, Ala., alleging shipment by said defendant in 
violation of the Food and Drugs Act as amended, within the period from on or 
about March 4, 1938, to on or about April 7, 1938, from the State of Alabama 
into the States of Louisiana, Tennessee, and Georgia of quantities of peanut 
butter that was misbranded. The article was labeled in part: (Jars) "Johns- 
ton's * * * Peanut Butter * * * Packed by J. D. Johnston Jr. Co. 
Inc."; or "Harvest Moon * * * Packed For Harvest Products Co. Atlanta, 
Georgia."
It was alleged to be misbranded in that the statements, "32 Oz. [or "8 Oz." or 
"16 Oz."] Net Wt. When Packed," and "Contents" 16 Oz.," borne on the jars, and 
"8 Oz. and "16 Oz.," borne on certain of the cases, were false and misleading 
and were borne on said jars and cases so as to deceive and mislead the purchaser, 
since the jars contained less than the amounts stated. Misbranding was alleged 
further in that the article was food in package form and the quantity of the 
contents was not plainly and conspicuously marked on the outside of the 
packages.
On February 10, 1939, the defendant entered a plea of guilty and the court 
imposed a fine of $100.
HABHY L. BROWN, Acting Secretary of Agriculture.