499. Misbranding of honey.     TJ. S. v. 36 Packages and 75 Packages of Honey.
Default decrees of condemnation. Portion of product ordered destroyed;
remainder ordered delivered to a charitable institution. (F, D. C. Nos. 3977,
3980.    Sample Nos. 44027-E, 44640-E.)
On March 15, 1941, the United States attorney for the Middle District of
Tennessee filed a libel against 36 packages of honey at Dickson, Tenn., alleging
that the article had been shipped in interstate commerce on or about Feb-
ruary 5, 1941, by the Tongue River Apiaries (E. C. Reed & Son) from Ran-
chester, Wyo. On March 31, 1941, the United States attorney for the District
of Colorado filed libel against 75 packages of honey at Denver, Colo., which
had been shipped by Tongue River Apiaries on or about October 1, 1940, from
Ranchester, Wyo.
The article was alleged to be misbranded in that the statements on the
carton, "Health Sweet," "Helpful for impaired digestion, diabetes, etc.," and
"A teaspoonful in warm water induces sleep and stimulates the heart," were
false and misleading since the use of the article could not be depended upon
to fulfill the promises of benefit stated and implied thereby. It was alleged
to be misbranded further in that statements in an accompanying circular en-
titled "Please Pass the Honey," regarding its efficacy in the maintenance of
health, its efficacy in the treatment of heart weakness and heart failure and
in reviving heart action, its efficacy in the treatment of pneumonia and its
value for general physical repair, its efficacy to produce energy and give the
user a healthy complexion, and its efficacy as a cosmetic because of its nourish-
ing, bleaching, astringent, and antiseptic effect on the skin, were false and mis-
leading since it would not be efficacious for such purposes. It was also alleged
to be misbranded under the provisions of the law applicable to foods, as re-
ported in F. N. J. No. 2813.
On May 27 and on June 28, 1941, no claimant having appeared, judgments
of condemnation were entered and the product seized at Denver was ordered
delivered to a charitable institution and that seized at Dickson was ordered
destroyed.