675. Misbranding of peanut butter.     V. S. v. 54  Cases and 98 Cases of Peanut
Butter. Default decree of condemnation and forfeiture. Product ordered 
sold.    (F. D. C. No. 1827.   Sample Nos. 790-E, 791-E, 799-E.)
This product was found to be short of the declared weight.
On April 17, 1940, the United States attorney for the Northern District of 
Georgia filed a libel against 152 cases of peanut butter at Atlanta, Ga., alleging 
that the article had been shipped in interstate commerce on or about March 7, 
1940, by the Dillon Candy Co. from Jacksonville, Fla.; and charging that it 
was misbranded.    It was labeled in part: "Dillon's Peanut Butter."
The article was alleged to be misbranded in that the statements "Net Two 
Lbs." and "Net One Lb.," borne on the labels, were false and misleading since 
they were incorrect. It was alleged to be misbranded further in that it was 
in package form and did not bear an accurate statement of the quantity of 
contents.
On May 17, 1940, no claimant having appeared, a decree of condemnation and 
forfeiture was entered, and it was ordered that the product be sold to the 
highest bidder and that the labels be made to show the correct weight of the 
article.