5580. Misbranding of peanut butter sandwich.   U. S. v. 13,520 Packages of Peanut
Butter Sandwich. Consent decree of condemnation. Product ordered 
released under bond for relabeling. (F. D. C. No. 9778. Sample Nos. 
32067-F, 32068-F.)
This product was short-weight.
On April 8, 1943, the United States attorney for the Southern District of 
Ohio filed a libel against a total of 13,520 packages of peanut butter sandwich 
at Cincinnati, Ohio, (consigned on or about March 12 and 20, 1943) alleging 
that j:he article had been shipped in interstate commerce by the Bob Kelley 
Food Sales Co. from Louisville, Ky.; and charging that it was misbranded. The 
article was labeled in part: "The Original Bob Kelley's * * * Peanut Butter 
Sandwich  *    * ' *   Net Wt 1% Oz."
The article was alleged to be misbranded in that the statement "Net Wt. 
1% Oz." on the label was .false and misleading as applied to an article that 
was short-weight; and in that it was in package form and failed to bear a label 
containing an accurate statement of the quantity of the contents.
On April 14,1943, the Bob Kelley Food Sales Co. having appeared as claimant
and having admitted the allegations of the libel and consented to the entry of a
decree, judgment of condemnation was entered and the product was ordered
released under bond for relabeling under the supervision of the Food and Drug
J Administration."