23914. Misbranding of peanut butter.    V. S. v. 21%  Dozen Jars of Peanut
Butter.     Consent   decree   of   condemnation.     Product   distributed 
to charitable institutions.     (F. & D. no. 33173.    Sample no. 6575-B.)
Sample jars of peanut butter taken from the shipment involved in this case 
were found to contain less than 1 pound, the weight declared on the label.
On or about August 8, 1934, the United States attorney for the District of 
Connecticut, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 21% dozen jars of 
peanut butter at New Haven, Conn., alleging that the article had been shipped 
in interstate commerce, on or about June 20, 1934, by Holsum Products, Inc., 
from Brooklyn, N. Y., and charging misbranding in violation of the Food and 
Drugs Act as amended. The article was labeled in part: " Columbus Brand 
Peanut Butter Net Weight 1 Lb. Distributed by Shepatin & Snyder, New Haven. 
Conn."
The article was alleged to be misbranded in that the statement on the label, 
" Net Weight 1 Lb.", was false and misleading and tended to deceive and mis- 
lead the purchaser; and for the further reason that it was food in package 
form and the quantity of the contents was not plainly and conspicuously 
marked on the outside of the package, since the statement made was incorrect.
On August 28, 1934, Holsum Products, Inc., having consented to the entry 
of a decree, judgment of condemnation was entered and it was ordered that the 
product be delivered to charitable institutions, in view of the fact that it was 
fit for human consumption, and that the containers be destroyed.
M. L. WILSON, Acting Secretary of Agriculture.