5642. Adulteration and misbranding of Spanish peanut bars.   XT. S. v. 40 Boxes of
Spanish Peanut Bars. Default decree of condemnation and destruction. 
Product ordered delivered to a charitable institution. (F. D. C. No. 12342. 
Sample No. 63306-F.)
This product was short weight. It was a wax-paper wrapped candy bar of 
the peanut brittle type and contained peanuts and puffed wheat. The puffed 
wheat could be readily mistaken for peanuts. The name "Spanish Peanut Bar" 
was printed in prominent red type while the ingredient statement was in small 
white type. 
- On May 17, 1944, the United States attorney for the Southern District of 
Florida filed a libel against 40 boxes, each containing 20 bars, of the above- 
named article at Miami, Fla., alleging that it had been shipped on or about April
?See also Nos. 5751, 5769, 5797, 5799.
18, 1944, by the McAfee Candy Co., from Macon, Ga.; and charging that it was 
Adulterated and misbranded. The article was labeled in part: (Bar wrauper) 
"Spanish Peanut Bar 50   *    *    *     Net Wt. 2% Oz."
It was alleged to be adulterated in that an article which contained puffed 
wheat in addition to peanuts had been substituted in whole or in part for a 
"Spanish Peanut Bar," which it purported to be.
It was alleged to be misbranded in that the name "Spanish Peanut Bar" was 
misleading as applied to an article which contained puffed wheat in addition to 
peanuts; in that the statement "Net Wt. ,2% Oz." 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 which contained an accurate statement of the quantity 
of the contents.
On June 16, 1944, no claimant having appeared, judgment of condemnation 
was entered and the product was ordered destroyed by delivery to a charitable 
institution.