1186. Misbranding of peanut butter.   IT. S. v. 149 Cases and 103 Cases of Peanut
Butter. Default decrees of condemnation. Portion ordered destroyed; 
remainder distributed to charitable institutions. (F. D. C. Nos. 1592, 2605. 
Sample Nos. 87797-D, 96510-D, 20084-D.)
Examination showed this product to be short weight.
On March 7 and August 23, 1940, the United States attorneys for the Northern 
District of Alabama and the Western District of South Carolina filed libels 
against 149 cases of peanut butter at Birmingham, Ala., and 103 cases of peanut 
butter at Greenville, S. C, alleging that the article had been shipped in inter- 
state commerce on or about February 6 and July 10, 1940, by the Dillon Candy 
Co., from Jacksonville, Fla.; and charging that it was misbranded. It was 
labeled in part: "Best Ever Brand Peanut Butter Net 32 Oz."; or "Dillon's 
Peanut Butter   *   *    *   Net 1 Lb."
The article was alleged to be misbranded in that the statements "Net 32 
Oz." and "Net 1 Lb." 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 the contents.
On September 4 and 27, 1940, no claimant having appeared, judgments of 
condemnation were entered, and the product seized at Birmingham was ordered 
destroyed and that seized at Greenville was ordered distributed to charitable 
institutions.